Kyiv International Legal Aid Conference Mediation in the

Kyiv International Legal Aid Conference Mediation in the legal aid system. Access, early achievements and challenges Svitlana Klishyna Director of the Regional Centre for Free Secondary Legal Aid in Odesa region QUALITY AND ACCESSIBLE LEGAL AID IN UKRAINE PROJECT LEGAL AID UKRAINE Nataliia Hnatusha Director of the Regional Centre for Free Secondary Legal Aid in Mykolaiv region Coordination Centre for Legal Aid Provision MINISTRY OF JUSTICE

THE BEGINNING OF RESTORATIVE JUSTICE, UKRAINE Studying international experience in juvenile justice A joint order of the Ministry of Justice of Ukraine and the Prosecutor General’s Office of Ukraine “On implementation of the pilot project “The rehabilitation program for juveniles suspected of committing a crime” was signed on January 21№ 172/5/10, 2019 (registered in Mo. J on 24/01/2019 № 87/33058). The order came into effect on February 5, 2019 Creation of working groups at the regional level

How does it work? Informing the CO parties by the prosecutor’s office about the possibility to participate in the project Receiving the parties’ consent Submitting application to the Regional LA Center Mediator Appointment by the Regional LA Center Involvement of psychologist for the first meeting (by Regional LA Center) Developing of the Psychological profiling of the juvenile Identification f the resocialization program Reconciliation agreement Completion of the reconciliation program Submitting information to the prosecutor’s office to pass a proceeding decision.

KEY PARTICIPANTS At the central level At the local level Ministry of justice of Ukraine Branches of the State Enterprise “Probation Centre” Prosecutor General’s Office of Ukraine Social service centers for families, children and youth CCLAP Children affairs Services National police of Ukraine Children's socio-psychological rehabilitation centres Ministry of social policy of Ukraine Charitable foundations Non-governmental organizations

Characteristics of the participants q Juveniles in conflict with society q Juveniles living in: 49 § low-income families § families in difficult living conditions § families with many children § single-parent families 5 Crimes classification art. 185 art. 126 art. 186 art. 125 art. 289 art. 190 art. 345 31 1 6 2 3 1 1

Resocialization Activities Individual intervention program “Life Skills” Trainings, individual coaching Clubs, sports sections Community services Assistance to a victim (in private life)

Achievements Reconciliation of parties Participation of a victim in rehabilitation of a juvenile offender Successful completing of a series of resocialization activities by a juvenile Comprehensive work of a psychologist with a juvenile and his parents Juvenile’s overcoming conflict with society Getting a chance to be exempt from criminal liability for a committed crime

Number of Participants 175 54 7 • Juveniles and the parties of the proceeding are informed about the possibility of the Program implementation • Received consent of the parties to participate in the Program implementation • Impossibility or refusal of the parties to conclude the agreement on application of Restorative Program • Agreements concluded on application of Restorative Program 43

First Steps ü Creation of the Interagency Coordination Council for Juvenile Justice at the Ministry of Justice of Ukraine It is composed of the representatives of - § non-governmental organizations § international organizations § related ministries at the level of deputy ministers § prosecution agencies § human rights defenders, judges, lawyers ü Learning from international experience of juvenile justice ü Creation of working groups at the level of regions

Preparation for the project implementation Selection and training of the LA system lawyers on basic mediation skills 44 lawyers selected Identificationof coordinators Collection, examination and analysis of information on potential project participants Development of the partnership network Arrangement of the mediation office Creation of the working groups on pilot project implementation, holding meetings

Legal Framework A joint order of the Ministry of Justice of Ukraine and the Prosecutor General’s Office of Ukraine “On implementation of the pilot project “The rehabilitation program for juveniles suspected of committing a crime” was signed on January 21, 2019 The order came into effect on February 5, 2019 The regions selected for pilot project implementation – Donetsk, Odesa, Lviv, Luhansk, Mykolaiv, Kharkiv The Procedure for the pilot project implementation was approved. Methodological recommendations for the pilot project implementation were developed.

Challenges Lack of a psychologist in the settlement where a juvenile resides Complicated communication with a victim Financial straits of a juvenile’s family Lack of a developed network of outof-school leisure in rural settlements Lack of transport communication Procedural terms Risk of failure to conclude the agreement