The range of persons receiving legal aid at the expense of the state has been determined
The Law “On providing legal aid at the expense of the state” (ORQ-848, 16.06.2023) was signed by the President.
According to the law,the following individuals has the right to receive legal aid at the expense of the state:
low-income persons, if they:
- plaintiffs or defendants in civil cases;
- applicants for administrative affairs;
- persons who have committed an administrative offense punishable by administrative imprisonment;
- if there are suspects, defendants, defendants, as well as convicts in criminal cases;
individuals with a mental disorder, when they are provided with psychiatric care in accordance with the Law “On Psychiatric Care”;
their rights have been violated,Individuals who applied to the court in connection with the violation of equal rights of women and men provided for in the Law “On Guarantees of Equal Rights and Opportunities for Women and Men”;
The suspect, the accused or the defendant, in the event that a lawyer is required to participate in a criminal case in accordance with the Code of Criminal Procedure.
In order to receive legal assistance at the expense of the state, individuals apply verbally, in writing or electronically to a specially authorized state body (Ministry of Justice) based on the principle of extraterritoriality.
The application is considered within 3 working days from the date of receipt by the specially authorized state body (except for the cases and periods provided by the Code of Criminal Procedure, when the participation of a lawyer in criminal cases is mandatory).
Legal aid at the expense of the state is provided only by lawyers included in the register of lawyers providing legal aid at the expense of the state.
The system automatically selects a lawyer after the decision of a specially authorized state body to provide legal aid at the expense of the state or the decision of the investigator, investigator, prosecutor or court ruling on the appointment of a lawyer is registered in the “Legal Aid” information system.
The lawyer is paid in the manner and amounts determined by the Government.
The rights and obligations of natural persons who have the right to receive legal aid at the expense of the state include:
Individuals who have the right to receive legal aid at the expense of the state:
- to receive qualified legal assistance at the expense of the state in the manner and in the cases specified in this Law;
- to refuse to receive legal aid at the expense of the state;
- to demand confidentiality of the information received during the provision of legal assistance at the expense of the state;
- has the right to appeal to a higher authority or a court about the actions (inaction) of employees of a specially authorized state body.
- Individuals who have the right to receive legal aid at the expense of the state:
- providing truthful and complete information when applying for legal assistance at the expense of the state;
- timely inform the specially authorized state body about the circumstances affecting the provision of legal assistance at the expense of the state;
- if it is confirmed that they have provided false or misleading information in order to receive legal assistance at the expense of the state, they must compensate for the expenses related to the provision of legal assistance at the expense of the state.
Individuals who have the right to receive legal aid at the expense of the state may have other rights and obligations in accordance with the law.
This Law shall enter into force 3 months after its official publication.
