Development of Legal Aid Quality Management System Ukrainian

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 2012 Coordination Centre for Legal Aid Provision established 01. 27 Regional legal Aid Centres launched criminal legal aid 2013 01. 07. 100 Local Legal Aid Centres launched + civil and administrative legal aid 01. 09. 432 Legal Aid Bureaus launched in small towns and rural areas + primary legal aid 2017 + legal empowerment and legal enlightment 2015 2016

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

QUALITY MANAGEMENT SYSTEM OVERVIEW

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

TRAININGS Central Trainings for trainers “Cascade” trainings model Network of lawyers-trainers (about 50) Trainers conduct trainings in each region 9 circles of trainings conducted From Guidelines, manuals on each topic to procedural aspects of the Code of Criminal Procedure 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 common standards 14 standards for each stage of criminal proceeding § § pre-trial 1 st instance court appeal cassation 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

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

FINANCIAL INCENTIVES acquittal minimal or less sanction than provided by law Method of Remuneration approved by the Cabinet of Ministers 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. 2018)

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