Convicts will be provided with a lawyer within 24 hours – Verkhovna Rada committee recommends draft law
In order to ensure that a person serving a prison sentence has access to a lawyer or legal expert within the framework of disciplinary proceedings, the administration will be obliged to provide an opportunity to apply for legal assistance immediately, but no later than 24 hours.
The Verkhovna Rada Committee on Legal Policy recommended that the Parliament adopt as a whole the draft Law No. 12073 dated 27.09.2024 «On Amendments to Certain Legislative Acts on the Effective Ensuring of the Right of Prisoners and Convicts to Free Legal Aid», which contains the relevant clarification.
The current procedure for imposing penalties on persons deprived of their liberty (Article 134 of the Criminal Executive Code) contains a rule according to which, when imposing a penalty on a convict, the colony administration gives him the opportunity to notify close relatives, a lawyer or other legal professionals who are legally entitled to provide legal aid in person or on behalf of a legal entity in accordance with the established procedure. The draft proposes to put this obligation of the administration within a strict time frame: immediately, but no later than 24 hours.
It is proposed to introduce the same approach for the disciplinary procedure (Article 135 of the CEC): If a person serving a sentence of imprisonment does not have access to a lawyer or a legal professional, the administration of the penitentiary institution will be obliged to provide him/her with the opportunity to apply for legal assistance from the entities providing such assistance «immediately, but not later than 24 hours». In such a case, the disciplinary commission will be obliged to suspend the disciplinary proceedings until a copy of the decision to provide free secondary legal aid is received. Suspension of disciplinary proceedings will suspend the time limit for imposing a penalty.
Relevant clarifications are also made to the Law on FLA: if the administration of a penitentiary institution receives a request from a convicted person for free secondary legal aid, the FLA center will be obliged to immediately make a decision on providing such assistance to represent his or her interests during a meeting of the disciplinary commission.
The parliament believes that the adoption of the draft law will make it possible to resolve existing problematic issues and, in turn, create the necessary preconditions for the development and improvement of the quality of FLA provision. It will also be a significant step towards ensuring the right of prisoners and convicts to FLA when the administration of a penitentiary institution imposes penalties.
Popular news
Guarantees of the practice of law
Ukraine could be the first to implement a European mechanism for the protection of advocates. What’s holding it back?
Ukraine has a chance to be the first country to ratify the Council of Europe Convention on the Protection of the Professions of Lawyer. Political support for this exists, but the government’s legislative package has not yet been submitted to parliament. Meanwhile, the number of violations of advocates’ rights is on the rise.
Educational events
How can an advocate verify that work has been completed if the client refuses to sign the report?
When billing by the hour, the primary document for determining the fee may be a detailed report on the time spent by the advocate and the work performed. To prevent the client from withholding payment, the contract should specify in advance the procedure for submitting and approving such a report.
Interaction
Energy law: the UNBA and the ADMGE have agreed to cooperate
Advocates will deepen their professional expertise in the field of energy law, and participants in the distributed and flexible generation market will have greater opportunities to obtain professional legal assistance.
Educational events
Where does an advocate's time go and what do they get in return
To assess balance in life, it’s worth identifying the areas where the most effort, time, and money are directed, and then determining what a person receives in return: income, respect, support, love, a sense of significance or the fulfillment of an important idea.
Court practice
The SC has clarified the different ways to respond to a lawyer's request that is ignored
If there is no response to an advocate’s request, the advocate has the right to file a petition with the Bar Association to hold the person administratively liable. An advocate may challenge the failure to provide information necessary for the provision of legal assistance on behalf of the client, rather than in their own name.
Educational events
The highest degree of formality is appropriate for an advocate in court – an etiquette expert
An advocate’s behavior and appearance must be appropriate to the circumstances in which they practice their profession. What may be perceived as a warm greeting between old acquaintances could, during a first meeting, come across as overly familiar and a violation of personal boundaries.
Discussion
The Ministry of Defense is preparing new procedures for MMC: what changes are being proposed
The Ministry of Defense is establishing an interagency working group to develop a new procedure for military medical examinations conducted by military medical commissions. Among the issues requiring resolution are the issuance of documents based on examination results, referrals for repeat medical examinations, verification of the medical basis for decisions, and the accountability of military medical commission members.
Discussion
Original, device and methodology: how digital evidence is verified
To verify the authenticity of an audio or video recording or a digital image, an expert needs information about the file’s origin, how it was created, and, if possible, the original medium and the corresponding device. Without this information, the scope of the investigation may be limited.
Publications
Volodymyr Matsko Extradition during wartime: when the risks outweigh the request
Volodymyr Matsko Extradition as a systemic form of rights violations
Victoria Yakusha, Law and Business The anti-corruption vertical cannot «take care» of the Bar as an institution, - acting head of the HQDCB
Censor.net Protecting advocates – protecting justice: addressing concerns about the new law
Ihor Kolesnykov A BRIEF SUMMARY REGARDING THE APPLICATION OF THE ORDER ON EXTENDED CONFISCATION IN LATVIA REGARDING FINANCIAL ASSETS OF…
Valentyn Gvozdiy WORKING IN A WAR ZONE
Lydia Izovitova Formula of perfection
Sergiy Vylkov Our judicial system is so built that courts do not trust advocates
