Some Problems of Free Legal Aid in Criminal Proceedings

Keywords: legal aid, free legal aid, legal entity, free secondary aid, criminal proceedings

Abstract

The article deals with some problems of providing free legal aid in criminal proceedings.

It has been identified and shown that the main prerequisite for ensuring the right of a person to legal aid can be considered to be the creation of reliable legal and organizational grounds for its actual provision.

It is proved that the correspondence of a prisoner sentenced to imprisonment with the centers of free legal aid is, firstly, subject to review by the administration of the penitentiary institution, secondly, such letters will not necessarily be sent as a whole, and thirdly if such letters are sent wherever possible and there is no legal deadline for sending them.

Some issues are outlined, such as the right to receive legal aid in a timely and effective manner to prisoners in prison. Alternatively, the right to amnesty, the right to pardon, and the right to review a judgment in newly discovered or exceptional circumstances, and other rights and freedoms that are not necessarily related to giving a person access to justice may be violated or inaccessible to the sentenced person.

Therefore, the right to receive legal aid in a timely and effective manner to prisoners in prison may be violated. Alternatively, the right to amnesty, the right to pardon, and the right to review a judgment in newly discovered or exceptional circumstances, and other rights and freedoms that are not necessarily related to giving a person access to justice may be violated or inaccessible to the sentenced person.

References

Khondogiy I.V. (2017). The system of free legal aid as a realization of the constitutional right of Ukrainian citizens to professional legal aid. Actual problems of jurisprudence. 2. 138-146 [in Ukrainian].
Rusanova I.O. (2013). Some Problems of Attorney-at-Law's Legal Aid in Criminal Proceedings. Lawyer of Ukraine. 3. 69-74. URL: http://nbuv.gov.ua/UJRN/uy_2013_3_13 [in Ukrainian].
Yanovskaya O.G. (2013). European Standards of Free Legal Aid in Criminal Justice: Problems of Implementation in Ukraine. Scientific Bulletin of the International Humanities University. Jurisprudence. 6-1 (2). 199-202 [in Ukrainian].
Karmazina K. Yu., Goncharuk Yu. O. (2018). Providing free legal assistance to convicted persons in Ukraine. 66-77 [in Ukrainian].
Published
2020-04-15
How to Cite
Krushnitska, O. (2020). Some Problems of Free Legal Aid in Criminal Proceedings. Law Review of Kyiv University of Law, (1), 332-336. https://doi.org/10.36695/2219-5521.1.2020.66
Section
Criminal law and criminology