The Constitution Law Realization For Professional Legal Aid During Administration Of Justice

Authors

  • Oksana KRUSHNITSKA Yuriy Fedkovych Chernivtsi National University, Chernivtsi, Ukraine

DOI:

https://doi.org/10.18662/eljpa/24

Keywords:

legal aid, lawyer, legal assistance, legal services, the institution of legal protection.

Abstract

The main task of any democratic state is the protection of human rights and freedoms, their affirmation and assurance.

The problem of determining the legal status of the individual, its content and structure is in the polemical theory. The legal status of an individual serves as a means to ensure the realization of the needs and interests of a person through the mechanism of legal regulation of social relations. The notion of a "mechanism of legal regulation" is still debatable, as the notion of a mechanism for ensuring the constitutionally-legal status of the individual and the concept of human rights guarantees in this mechanism.

The professional legal assistance of a defender is intended to guarantee not theoretical, but practical and effective rights, and this especially concerns to the rights to protection from criminal charges, taking into account the prominent place which in a democratic society has the right to a fair trial from which they follow. It is important that the practice of applying national courts' provisions on the right to effective counsel assistance be exercised in the light of the practice of the European Court of Human Rights, since not only the qualification of the court but also the qualification of the counsel, its practical and effective protection is a key criterion for fair administration. The courts must take this practice into account when verifying the right to protection during a pre-trial investigation and trial in a case and in the presence of signs of "symbolic provision of services" by a defense counsel, a judgment must be revoked.

References

Decree of the President of Ukraine No. 509/2006 of 2006 Jun 09 Concerning the Concept Paper on Interview with Sergey Kononov, President of the Ukrainian Bar Association. Yuridicheskaya Praktika. 2008; 538 (16). Available from: http://www.yurpractika.com/article.php?id=100094383.

Ministry of Justice Press-service. The Establishment of Legal Aid System in Ukraine. Available from: http://www.kmu.gov.ua/control/publish/article?art_id=87327717.

Opinion No. 190 (1995) of the Parliamentary Assembly of the Council of Europe on the application by Ukraine for membership of the Council of Europe, paragraph 11 IX. Available from: http://assembly.coe.int/nw/xml/XRef/Xref-XML2HTML-en.asp?fileid=13929&lang=en.

United Nations. Global Study on Legal Aid Country Profiles. Dec 2016. Available from: https://www.unodc.org/documents/justice-and-prison-reform/LegalAid/GSLA_-_Country_ Profiles.pdf.

Saenko O, The Legal Aid Legislation: Hopes and Risks. Available from: http://www.jurfirma. com/ ua/articles/27.

Ukrainian Helsinki Human Rights Union. Available from: Ошибка! Недопустимый объект гиперссылки..php?id= 1186061102.

Tabone M. The Pros and Cons of Legal Aid. Available from: https://www.timesofmalta.com/articles/view/20100202/letters/the-pros-and-cons-of-legal-aid.292279.

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Published

2018-10-29

How to Cite

KRUSHNITSKA, O. (2018). The Constitution Law Realization For Professional Legal Aid During Administration Of Justice. European Journal of Law and Public Administration, 5(1), 25-36. https://doi.org/10.18662/eljpa/24

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