Development of Legal Aid Quality Management System: Ukrainian Experience 23 November, 2017 Vilnius “Enhancing the Quality of Legal Aid: General Standards.

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Presentation transcript:

Development of Legal Aid Quality Management System: Ukrainian Experience 23 November, 2017 Vilnius “Enhancing the Quality of Legal Aid: General Standards for Different Countries” Conference Oleksii BONIUK Acting Director of Coordination Centre for Legal Aid Provision

UKRAINIAN LEGAL AID SYSTEM: KEY STEPS OF INSTITUTIONAL DEVELOPMENT 2011 Legal Aid Law adopted Coordination Centre for Legal Aid Provision established 27 Regional legal Aid Centres launched 100 Local Legal Aid Centres launched 432 Legal Aid Bureaus launched in small towns and rural areas 2012 01.01. 2013 criminal legal aid + civil and administrative legal aid + primary legal aid + legal empowerment and legal enlightment 01.07. 2015 01.09. 2016 2017

SNAPSHOT OF THE LEGAL AID SYSTEM >5 000 lawyers contracted by legal aid centres “ex officio” >1 600 jurists employed by legal aid centres > 550 access points to legal aid >500 000 clients per year >8 000 000 citizens eligible for secondary legal aid

QUALITY MANAGEMENT SYSTEM OVERVIEW

8 9th CONTEST FOR LAWYERS contests contest (in 2012-2015) (just started) From to knowledge knowledge giving and checking motivation assessment written test on-line course on procedural legislation “Introduction to the an Legal Aid Law Legal Aid System”

“Cascade” trainings model Central Trainings for trainers Trainers conduct trainings in each region Guidelines, manuals on each topic “Cascade” trainings model Network of lawyers-trainers 9 circles of trainings (about 50) conducted From procedural aspects of the Code of Criminal Procedure to legal aid provision peculiarities to targeted vulnerable groups (e.g., internally displaced persons or people with disabilities) and soft skills

QUALITY STANDARDS IN CRIMINAL PROCEEDINGS 15 14 reference on Ukrainian procedural legislation Ukrainian judicial practice European Convention on Human Rights ECHR decisions reference on information sources to check the compliance with each standard common standards standards for each stage of criminal proceeding pre-trial 1st instance court appeal cassation

MONITORING OF QUALITY STANDARDS Main instruments: observation in court interviewing of lawyers interviewing of clients best practices identification 25 quality managers: Informing of directors of regional centres and Coordination Centre on the results 1 in each region Application to Commissions of Legal Aid Quality, Completeness and Timeliness Assessment (if violations)

FINANCIAL INCENTIVES Method of Remuneration approved by the Cabinet of Ministers acquittal minimal or less sanction than provided by law case closure easing / cancellation of custody as a restrictive measure release from serving punishment with a probation period …and others

NEXT STEPS 1) Public Defender Offices model piloting (01-06/2018) tutoring lawyer’s file revision (if agreed by a client) 2) Legal Aid Communication Platforms (to be launched by the end of 2017 in 5 largest cities of Ukraine) best practices collection and dissemination trainings and HR capacity development 3) Standards in civil / administrative cases introduction (already development, to be implemented in 2018) 4) Standards for primary legal aid development 5) Doubled remuneration for lawyers for legal aid cases (since 01.01.2018)

Thank you for your attention! www.legalaid.gov.ua info@legalaid.gov.ua