Ministry of Justice develops standards for free legal aid for minors

Advocacy
14:27 Tue 21.01.25 870 Reviews
Print

Amendments have been prepared to the quality standards for the provision of free secondary legal aid. In addition to purely technical amendments («legal» assistance becomes «legal aid» and «mass media» becomes «media»), requirements are envisaged for assistance and representation of minors.

The Ministry of Justice prepared and submitted two drafts to the Ukrainian National Bar Association:

  • «On Amendments to the Order of the Ministry of Justice of Ukraine No. 386/5 dated February 25, 2014» (Quality Standards for the Provision of Free Secondary Legal Aid in Criminal Proceedings);
  • «On Amendments to the Order of the Ministry of Justice of Ukraine No. 4125/5 dated December 21, 2017» (Quality Standards for the Provision of Free Secondary Legal Aid in Civil and Administrative Proceedings and Representation in Criminal Proceedings).

With regard to the provision of free secondary legal aid in criminal proceedings (Order No. 386/5), it is proposed to supplement the relevant table of the Standards with a new section on minors. The proposed Standards provide for the following obligations for lawyers:

  • giving priority to criminal proceedings in which the center defends minors on behalf of the center, in particular, by taking appropriate actions to transfer participation in other criminal proceedings;
  • filing a petition to have a legal representative, a psychologist, and, if necessary, a doctor, participate in the interrogation of minors under the age of sixteen or recognized as mentally retarded;
  • explaining to the child in a language accessible to him/her, taking into account his/her age and maturity, and to his/her legal representative the powers of the defense counsel in criminal proceedings, the necessary information regarding the possible consequences of the child's views and/or opinions, as well as the client's procedural right to reconciliation in criminal proceedings and its consequences, and informing about the possibility of participating in the Restorative Justice Program involving minors who are suspects, accused of committing a criminal offense (hereinafter referred to as the Program); taking into account the results;
  • submitting a request to the investigator, prosecutor, investigating judge, or court to replace the client's legal representative if the actions or interests of the legal representative contradict the interests of the person he or she is defending;
  • Preparing a complaint to the prosecutor and notifying the Ukrainian Parliament Commissioner for Human Rights in case of detention/detention of a minor on suspicion of committing a misdemeanor, minor or medium gravity crime;
  • filing, with the consent of the minor, a request to conduct investigative actions and/or interrogation not only at the place of pre-trial investigation, but in child-friendly conditions;
  • explaining to the client before the trial the possibility of hearing the case in a closed court session and filing a corresponding motion at the client's request.

It is proposed to set forth similar obligations of a lawyer in the table of Standards approved by Order No. 4125/5.

New standards for representing minors in criminal proceedings may include:

  • explaining before the trial that the case may be heard in a closed court session and, at the client's request, filing a corresponding motion;
  • giving priority to criminal proceedings in which the center represents minors on behalf of the center, in particular, by taking appropriate actions to transfer participation in other criminal proceedings;
  • filing a petition for the participation of a legal representative, psychologist, and, if necessary, a doctor at the pre-trial investigation or during the trial, including in order to minimize investigative (procedural) actions involving the child and the possibility of his or her further participation in the trial without causing retraumatization;
  • explaining to the child in a language accessible to him/her, taking into account his/her age and maturity, and to his/her legal representative the powers of the representative in criminal proceedings, the necessary information regarding the possible consequences of the child's views and/or opinions, as well as the procedural right to reconciliation with the suspect, accused in criminal proceedings and its consequences, and informing about the possibility of participating in the Restorative Justice Program with the participation of minors who are suspects, accused of committing a criminal offense, as well as with the
  • notifying the prosecutor and the Ukrainian Parliament Commissioner for Human Rights in case of non-compliance with the requirements of the law on conducting investigative (search) and procedural actions with a client who is a minor in a child-friendly environment and in conditions that minimize the consequences of trauma;
  • filing a petition before the start of the trial to consider the criminal proceedings without the participation of the minor (unless the minor himself or herself has expressed a desire for such participation);
  • ensuring submission to the court of documents regarding the minor's opinion on the sentencing of the accused or when deciding on the application of compulsory educational measures in the case of a trial without the participation of the minor victim.

The Ministry of Justice assures that the implementation of the drafts will ensure that the provisions of the orders are brought into line with the current legislation. The drafts themselves, explanatory notes and comparative tables to them can be downloaded here.

Popular news

Independent oversight is necessary before using CISA materials against an advocate – Lidiya Izovitova

Guarantees of the practice of law

Independent oversight is necessary before using CISA materials against an advocate – Lidiya Izovitova

Before the prosecution uses information obtained during covert investigative actions and related to an advocate’s activities, independent procedural oversight must be conducted. It is necessary to determine whether such information is covered by attorney-client privilege and whether it may be disclosed.

15:47 Fri 25.09.26 103
Efforts to develop advocacy must be brought to fruition — A. Misyats

Self-government

Efforts to develop advocacy must be brought to fruition — A. Misyats

The Ukrainian advocacy profession is currently going through a critical phase. Amid the war, it must ensure the continuity of legal aid, defend the independence of the profession, and improve qualification and disciplinary procedures in accordance with European standards. The work that has been started must be brought to a practical conclusion.

20:32 Fri 18.09.26 106
Protecting the legal profession, cybersecurity and support for advocates: common themes for the IBA and the UNBA

Support

Protecting the legal profession, cybersecurity and support for advocates: common themes for the IBA and the UNBA

On September 18, a working meeting was held at the office of the Ukrainian National Bar Association with Executive Director of the International Bar Association (IBA) Mark Ellis. The parties discussed the Ukrainian advocacy profession’s participation in European legal processes, the protection of the UNBA’s digital infrastructure, psychological support for advocates and future areas of cooperation.

19:46 Fri 18.09.26 149
Tax residency of Ukrainians abroad: what matters

Educational events

Tax residency of Ukrainians abroad: what matters

The determination of tax residency for Ukrainians who have been living abroad for an extended period depends on the combination of their personal and economic ties to each country. The established status determines the procedure for reporting income, paying taxes and fulfilling CFC reporting obligations.

18:19 Thu 17.09.26 135
Are Europe's advocacy associations prepared for a potential war? V. Gvozdiy shared lessons from the Ukrainian experience

War

Are Europe's advocacy associations prepared for a potential war? V. Gvozdiy shared lessons from the Ukrainian experience

The continuity of the bar’s self-governance, the protection of professional registries and archives, as well as equal guarantees of employment for advocates, judges, and prosecutors must be enshrined in advance in legislation in the event of war or another emergency.

9:42 Mon 14.09.26 192
Payments to military personnel require clear and uniform criteria — UNBA Committee

Legal defence of military personnel

Payments to military personnel require clear and uniform criteria — UNBA Committee

The vagueness of terms in subordinate regulatory acts leads to differing interpretations of the grounds for paying additional compensation to military personnel. The UNBA has proposed harmonizing these acts and establishing transparent criteria for the allocation of funds.

16:45 Wed 09.09.26 126
The CEC has recognized Andriy Misyats as an elected member of the Ukrainian parliament

Other

The CEC has recognized Andriy Misyats as an elected member of the Ukrainian parliament

The Central Election Commission has adopted a decision recognizing Andriy Misyats as an elected People’s Deputy of Ukraine. He is currently serving as acting chairman of the High Qualification and Disciplinary Commission of the Bar.

11:16 Mon 07.09.26 103
Former CCBE President James MacGuill has passed away

Tragic news

Former CCBE President James MacGuill has passed away

The Ukrainian National Bar Association expresses its condolences on the passing of James MacGuill — a renowned Irish advocate and former president of the Law Society of Ireland and the Council of Bars and Law Societies of Europe (CCBE).

10:27 Mon 07.09.26 133

Надішліть файл із текстом публікації у форматі *.doc, фотографію за тематикою у розмірі 640х400 та Ваше фото.

Оберіть файл