Рада з питань судової реформи

Chapter 6. Strengthening Bar and Legal Aid

The objective entails strengthening the Ukrainian National Bar Association as an institution, and building the capacity of the legal profession (specifically advocates) to fulfil their role in a justice system, which respects the rule of law, equality of arms between prosecution and defence, procedural fairness, and other human rights. The Bar needs to fully develop its capacity to operate as an effective body, which manages the legal profession and represents the collective interests of advocates. This is to be achieved through institution building exercises, strengthening the ethics and disciplinary system, and developing the initial and continuing training systems so that they play their crucial role in raising professional qualifications. This will enable the Bar to more optimally play its role in a democratic society based on the rule of law, according to international and European Union standards. In order for advocates to fully and fairly represent their clients, it is necessary that they enjoy a number of protections and privileges. These include financial/fiscal, and operational rights etc. It is also necessary to strengthen information management and the e-justice system, to improve access to information, communication, and transparency.

Abbreviations list
ADR Alternative dispute resolution
AP Action Plan
APU/PAU Presidential Administration of Ukraine
ASSETBTC Bar Training Centre
CB Chamber of Bailiffs
CC Constitutional Court
ВНЗ Вищі навчальні заклади
CCBE Council of Bars and Law Societies of Europe
CCLAP Coordination Centre for Legal Aid Provision
CEIS Criminal Executive Inspection
CEPEJ European Commission for the Efficiency of Justice
CJ/CoJ Council of Judges of Ukraine
CJR/JRS Council for Justice Reform (or Justice Reform Council)
CoE CM CoE Committee of Ministers
CoE/CoE Council of Europe
CP Council of Prosecutors
CPE Performance Evaluation Framework
CSO Civil society organizations
DCMIS Detainee case management system
DFATD Department of Foreign Affairs, Trade and Development, Canada
DG Just Directorate-General for Justice and Consumers of the European Commision
DOJ United States Department of Justice
EaP The Eastern Partnership
ECHR European Convention on Human Rights
ECJ European Court of Justice
ECtHR European Court of Human Rights
EPP Evaluation of Prosecutors’ Performance
EU MS EU Member State(s
EU European Union
EUAM European Union Advisory Mission for Civilian Security Sector Reform Ukraine
FLA Free Legal Aid
FoI Freedom of information
GDP Gross domestic product
GOU/GoU Government of Ukraine
HAC Higher Administrative Court
HCCH Hague Conference on private international law
HCJ High Council of Justice of Ukraine
HEI High educational institutions
PCF CoE/EU Eastern Partnership Programmatic Co-operation Framework
PDP Personal data protection
PEE Performance effectiveness evaluation
PEO Private enforcement officer
PFM Public financial management
PG Prosecutor General
PMF Performance Management Framework
PPO Public Prosecutor’s Office
PPP Public-private partnership
PR Public Relations
QALA Quality and Accessible Legal Aid Ukraine Project
RBC Regional Bar Council
RPO Regional Prosecutor’s Office
PQDCs Regional Qualification and Disciplinary Commission
SC Supreme Court
SDP Strategic development plans
SEP Sector expenditure plan
HELP European Programme on Human Rights Education for Legal Professionals
HQC High Qualification Commission
HQDC Higher Qualification and Disciplinary Commission
HR Human Resources
HRTF Human Rights Trust Fund
HSC Higher Specialised Court
IMF International Monetary Fund
IMS Information management system
IOP Interoperability
INL US Department of State Bureau for International Narcotics and Law Enforcement Affairs
IRZ German Foundation for International Legal Cooperation
IS Information system
ISD Internal Security Department
JC see CJ
JIT Joint investigative team
JSRS Justice Sector Reform Strategy
LPO Local Prosecutor’s Office
LPP Legal Professional Privilege
M&E Monitoring and evaluation
MIS Management information system
MOE Ministry of Education of Ukraine
MOF Ministry of Finance of Ukraine
MOH Ministry of Health of Ukraine
MoI/MoIA Ministry of Internal Affairs of Ukraine
MOJ/MoJ Ministry of Justice of Ukraine
MOR Ministry of Regional Development, Construction, and Communal Living of Ukraine
MOU Memorandum of Understanding
MSP Ministry of Social Policy of Ukraine
MTBF Medium-term budgetary framework
NACB National Anti-Corruption Bureau of Ukraine
NALS National Academy of Legal Science of Ukraine
NAPU National Academy of Prosecutors of Ukraine
NBC National Bar Council
NCP National Conference of Prosecutors
NPM National Preventive Mechanism
NSJ National School of Judges
OSCE Organization for Security and Co-operation in Europe
SGS Self-governance system
SGUA Support Group for Ukraine
SIT Special investigative techniques
SJA State Judicial Administration of Ukraine
SJGB Single Judiciary Governance Body
SLA Service-level agreements
SOP Standard operating procedures
SPS State Penitentiary Service of Ukraine
SSU Security Service of Ukraine
TC Training Centre
THB Trafficking in human beings
TOT Training of trainers
UNBA Ukrainian National Bar Association
USAID United States Agency for International Development
USAID FAIR The FAIR Justice Project of USAID
VET Vocational educational training
WG Working Group
Action Implementation Deadline Performance Criteria
End of 2016 End of 2018 End of 2020 Measures/Outputs Responsible Body / Means Outcomes

Area of Intervention 6.1 Improved Bar Governance System

6.1.1 Strengthening balance of duties and powers within Bar Governance System 1. Reviewed regulatory framework concerning the powers of Regional Bar Councils (RBCs) NBC, Congress of Advocates, Regional Conferences, MOJ, / Decisions, statutes and rules amended

- Increased autonomy of RBCs in handling finance and administrative matters

- More effective utilisation and distribution of Bar membership fees, to promote independent and efficient self-governance

- More transparent representation quota and procedure for nomination of delegates to Congress of Advocates and Conferences of Advocates

- Optimised number and increased independence of Bar Audit Commissions

- Streamlined powers of Congress of Advocates and NBC

- Strengthened role of younger advocates in Bar governance bodies such as RBCs

2. Reviewed regulatory framework to optimise role of Congress of Advocates and NBC in Bar Governance NBC, Congress of Advocates, MOJ, Parliament / Decisions, statutes and rules amended
3. Reviewed requirements for qualification to participate in Bar governance bodies
6.1.2 Development of strategic planning at UNBA 1. UNBA Strategic Planning and Institutional Development Committee fully operational UNBA, NBC / Decisions, reports

- Internal and external monitoring and evaluation (M&E) mechanisms and review reports attest satisfactory implementation of UNBA strategic planning

- NBC and advocates provide regular and constructive inputs for major policy and regulatory initiatives related to justice sector reform

- Use of statistics and evidence-based approach in all Bar policy and regulatory initiatives

- Improved utilisation of UNBA resources and funds

- Adequate financial resources for NBC/RBCs to effectively perform their role in promoting independence, accountability and competence of Bar and advocates

- Internal communication channels (including electronic workflow system and web-portal) between NBC and RBCs, and between NBC/RBCs and advocates, formalised and used regularly

- External communication channels between NBC/RBCs and other State/non-State actors in justice sector formalised and used regularly

- Consistent response of NBC and RBCs to any interference with independence of advocates and violations of rights of advocates

-Cross representation of advocates and other legal professionals (judges, prosecutors, etc.) in governance and administrative bodies of justice sector institutions

- UNBA participation in decision-making processes of central and local authorities/ institutions when the interests of advocates are affected

- Clear procedures for public access and participation at NBC/RBCs hearings in place,

- including timely prior announcement of meeting agendas, publication of NBC/RBCs decisions, etc.

- Improved services for members of UNBA

- User satisfaction surveys used regularly by UNBA to measure and improve quality of member services

- Regular exchanges between UNBA and European Bar Associations and other international counterparts

2. Dedicated staff dealing with strategic planning, including policy development, mission statement, budgeting and financial management, human resources, information resources, public relations and communication and outreach UNBA, NBC, RBCs / Decisions, contracts, job descriptions, placement plans, trainings
3. Practice guides and training modules on strategic planning, budget and financial management, human resources management, public relations and communication, and use of information systems developed, disseminated and updated regularly NBC, RBCs, Committee on Strategic Planning and Institutional Development / Decisions, trainings
4. High Audit Commission and Regional Bar Audit Commissions fully operational NBC, High Audit Commission, Regional Bar Audit Commissions, Parliament / Decisions, reports, Decisions, statutes and rules amended
5. UNBA responsible body/ bodies or individuals in charge of internal communications and external outreach and public relations UNBA, NBC / Decisions, reports
6. Harmonised Rules of Procedure for RBCs adopted NBC, RBCs / Decisions
7. Member surveys to determine level of satisfaction of advocates with UNBA services, including on-line questionnaires NBC / Decisions, surveys conducted
8. Bar Annual Reports developed and disseminated NBC / Decisions
9. Reviewed regulatory framework to foster more inclusive representation of advocates in governance and other bodies of justice sector institutions NBC, , CJ, GPO, MOJ, Parliament / Decisions, statutes and rules amended
10. Reviewed regulatory framework for including UNBA in consideration of all drafts of legislative acts, recommendations etc. relating to advocacy and advocates activity NBC, MOJ, Parliament / Decisions, statutes and rules amended
11. Cooperation network with European and international Bar institutions fully operational UNBA Committee on International Affairs, NBC, Head of UNBA BTC / Decisions, MOUs, events, joint activities, visits
6.1.3 Development of ethics and disciplinary system 1. UNBA Ethics Committee fully operational, responsible for developing, improving, implementing, and promoting compliance with ethical standards for Advocates NBC, UNBA Ethics Committee / Decisions, reports

- Ethics/disciplinary framework with sound and consistently applied substantive requirements and procedural rules, subject to public access Clear, consistent, and applicable delineation of ethical rules and disciplinary rules

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- Financial autonomy of HQDC and RQDCs from NBC and RBCs

- Delineation and application of principles of proportionality and mitigating and aggravating factors in disciplinary cases

- Right of access to disciplinary case-file by advocate concerned, scope and extent of obligation to provide information to third parties and public about pending disciplinary cases defined

- Enlarged list of disciplinary sanctions

- Improved the procedure of qualification exam and internship persons wishing to obtain the status of a lawyer.

- Clear, foreseeable and applicable regulatory basis for online complaints,

2. UNBA Higher and Regional Qualification and Disciplinary Commissions (HQDC and RQDCs) fully operational, in charge of enforcement of ethical/disciplinary rules NBC, HQDC, QDCs / Decisions, reports, case materials
3. Code of Ethics annotated and regularly updated though consultative processes and communication coordinated by NBC UNBA Ethics Committee, NBC, Congress of Advocates, UNBA Ethics Committee / Decisions
4. Disciplinary rules and procedures reviewed though consultative processes and communication coordinated by NBC NBC, Congress of Advocates, HQDC, QDCs, MOJ, Parliament / Decisions, statutes and rules amended
5. Practice guide and training module on ethical and disciplinary framework developed, disseminated and updated regularly NBC, HQDC, QDCs, Bar Training Centre, UNBA Ethics Committee / Decisions, trainings
6. Online system for filing complaints against advocates fully operational HQDC, QDCs, NBC, UNBA Ethics Committee / Decisions, practice guide, software in place, trainings
7. Statistics on disciplinary cases published and analysed in Annual Reports of UNBA and/or HQDC HQDC, QDCs, UNBA / Decisions
Area of Intervention 6.2 Improved Professional Training System for Advocates
6.2.1 Development of initial and continuing training systems 1. Bar Training Centre (BTC) fully operational, in charge of implementation of initial and continuous training systems NBC, RBCs, BTC / Decisions, reports, curricula, trainer contracts, job descriptions, placement plans in place, trainings

- UNBA empowered to deliver initial training for advocates

- Bar annual continuous training curricula and sound methodology of training in place

- RBCs carrying out training on a regular basis

- Initial and continuing training courses for advocates and other legal professionals (judges, prosecutors etc.) approximated, some curricula and courses harmonised

- Problem-based approach to training

-Mixed training approach in place, for continuous training of advocates together with judges and prosecutors

-On-line and distance learning training available

- Key initial and continuing training subjects include international human rights standards, the ECHR etc.

- Permanent pool of well-trained and experienced trainers, including trainers from regions, fully and regularly mobilised

- Application of penalties and other practical consequences for failure to take continuous training

- Experienced legal practitioners, including European and international counterparts, among regular trainers

- Retired judges are subject to facilitated admission system to private legal practice

2. Initial and continuing training curricula, including distance learning courses, developed, updated regularly and placed in electronic libraries NBC, RBCs, BTC / Decisions
3. Reviewed regulatory framework on access to the profession, including initial training, internships, Bar exam, licensing, etc. NBC, Congress of Advocates, MOJ, Parliament / Decisions, Law on the Bar amended
4. Training needs, capacity and quality assessment mechanisms in place and used, including automated tools NBC, BTC / Decisions, practice guides, software in place, trainings
5. Trainer selection and preparation system, including training of trainers (TOT) approach, in place and applied NBC / Decisions, MOUs, practice guides, software in place, trainings
Area of Intervention 6.3 Improved Conditions for Practical and Effective Legal Representation
6.3.1 Improvement of socio-economic, financial, and operational conditions for exercise of legal profession 1. Reviewed regulatory framework for civil liability of advocates NBC, MOJ, Parliament / Decisions, statutes and rules amended

- System for malpractice insurance and malpractice funds to cover civil liability of advocates in place

- Obligatory civil liability insurance of advocates

- Favourable taxation regime for advocates

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- More favorable and appropriate conditions for advocates to work in courts and law enforcement bodies and institutions (PPO, SSU, MOI, SPS etc)

2. Special taxation, health and social insurance status of Bar members NBC, MOJ, MOF, MOH, MSP, Parliament / Decisions, statutes and codes amended
3. Establish and enforce appropriate conditions for advocates professional work in courts, Prosecutor's Office, Security Service, police, and other law enforcement agencies, NBC, MOJ, PPO, , CJ, Parliament/ NBC Decisions, Law on Bar and Law on Judiciary amended
6.3.2 Strengthening Legal Professional Privilege (attorney-client confidentiality) (LPP) 1. Scope of LPP expanded and LPP protected in practice NBC, MOJ, Parliament, UNBA Ethics Committee / Decisions, MOUs, statutes and rules amended, reports

- Full respect in practice for the Legal Professional Privileges of advocates, their working places, and their equipment, with respect to searches, wiretaps, and other intrusive measures

- LPP guarantees are strengthened, including expansion of scope of LPP, and clarification of the responsibilities of other actors to respect LPP in practice

- Exemptions from LPP well defined, including advocate’s obligation to disclose information about serious crimes (terrorism, money laundering, etc.)

-

- Strengthened oversight by HQDC and QDCs of compliance with LPP by advocates, using disciplinary procedures

2.Remove any practical obstacles from advocate’s access to client and case-file NBC, MOJ, MOI, PPO, Parliament / Decisions, MOUs, statutes and rules amended, reports
3. Practice guide and training module on LPP developed, disseminated and updated regularly NBC, MOJ, NSJ / Decisions, trainings
6.3.3 Improvement of system for respecting advocate status 1 Standardized procedures for Identification Privileges NBC, MOJ, Parliament / Decisions, statutes, rules amended

- Effective mechanism in place for bringing State officials to liability for violation of guarantees of independent advocacy;

- Expanded range of subjects for Inquiry Letter system .- Inquiry Letter system establishes clear duties for public and private bodies, and imposes sanctions for failure to provide information or the provision of false information

- Simplified access for lawyers to classified information which is necessary for provide legal assistance to the client.

- Advocates able to effectively use Inquiry Letters to obtain information necessary for providing legal representation

- Advocates enjoy monopoly over representation of interests of natural and legal persons in civil, commercial, administrative and criminal proceedings, proceedings on administrative violations, enforcement proceedings and in representation of convicted persons

- More effective and professional representation of interests of natural and legal persons, ensuring their right to defence in different proceedings

- Increased prestige and credibility of the profession of Advocate

- Committee on the Protection of Rights of Advocates fully operational and carrying out activities to protect the work of advocates

- Viable mechanisms in place to address violations of the rights of advocates and infringements of their ability to represent clients

- Research, publications, and outreach to the public and media concerning violations of the rights of advocates to exercise their profession

- Enhanced rights of lawyer’s assistants

- Simplified procedures for becoming lawyer’s assistant

2. Reviewed regulatory framework on Inquiry Letter system NBC, MOJ, Parliament / Decisions, statutes and rules amended, reports
3. Reviewed regulatory framework on monopoly of licensed advocates to represent parties in legal proceedings NBC, MOJ, Parliament / Decisions, statutes and rules amended
4. Advocate’s obligation to have a work place is in force NBC, MOJ, Parliament / Decisions, statutes and rules amended
5. Simplified system for proving authority of advocate in various types of proceedings in place NBC, MOJ, Parliament/ Decisions, statutes and rules amended
6. Professional rights of advocates and guarantees of advocates activity are strengthened, mechanisms to ensure implementation are place NBC, Committee on the Protection of Rights of Advocates of the UNBA, MOJ, Parliament / Decisions, statutes and rules amended
7. Improvement of lawyer’s assistant institute. NBC, Parliament / Decisions, statutes and rules amended
6.3.4 Development of Bar information systems 1. Internal Bar (NBC/RBCs/advocates) electronic communication channels in place and used effectively NBC, RBCs / Decisions, MOUs, feasibility study, Master Implementation Plan, practice guides, hardware and software in place, review reports, trainings

- Practical and effective use of IS by UNBA Governance bodies to advance independence, competence and accountability of UNBA and advocates

- IS used by advocates to handle cases, and effectively perform representation functions

- Interoperability of Bar and lawyers’ IS with those of other justice sector actors

Area of Intervention 6.4 Increased Efficiency and Effectiveness of the Legal Aid System and Improved Management
6.4.1 Improved legal and regulatory framework for legal aid system, and improved implementation 1. Reviewed regulatory framework of the legal aid system, in accordance with recent changes to the Law on Legal Aid, which came into force on 25 October 2014 Government of Ukraine, MOJ, CCLAP, NBC / Decisions

-Improving quality standards for providing legal aid and compliance;

- Increased effectiveness and efficiency of legal aid service providers and managers to respond to the needs of citizens

- Increased capacity for management, oversight and decentralized service delivery of the legal aid services by CCLAP, legal aid centres, contracted lawyers, and other key delivery partners

- Facilitated interactions among all actors in primary legal aid system

- Increased role of local self-governance bodies, CSOs, and HEIs in providing primary legal aid

- CCLAP provides regular and constructive inputs for major policy and regulatory initiatives related to justice sector reform

- Maximum use of statistics and evidence-based approach in all legal aid policy and regulatory initiatives

- Communication channels between CCLAP and UNBA, legal aid system bodies, and other State and non-State bodies advanced and used regularly;

- Piloting of initiatives foreseen by MOU between CCLAP and UNBA

- Increased role of Ombudsman in legal aid system by investigating certain cases (for instance, where judicial remedies were unused or unavailable), as well as developing practice guides and other readily-made materials to be used as legal aid resources

- Rollout of full-fledged free legal aid system in place in selected regions

- Potential expansion of legal aid to cover expertise and expert testimony

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2. Piloting of initiatives enhancing access to justice included in the MOU between CCLAP and Ombudsman MOJ, CCLAP, Ombudsman / Decisions, reports
3. Roll-out of full-pledged legal aid system, starting in selected regions MOJ, CCLAP, self-governance authorities, Ombudsman, RBCs, CSOs, HEIs / Decisions, MOUs, statutes and rules amended, reports
4. Professional development of staff of CCLAP and Centres for Provision of Secondary Legal Aid MOJ, MOF, CCLAP, CSLAPs / Trainings, curricula, practice guides
5. Agreements for cooperative relationships between CCLAP and associations of local self-governance authorities, CSOs, HEIs, for initiatives to facilitate the provision of primary legal aid CCLAP, CSOs, HEIs / Decisions
6. Agreements for cooperative relationships between NBC/ RBCs and local self-governance authorities, to facilitate the provision of primary legal aid NBC, RBCs, CSOs, HEIs / MOUs, decisions, reports
7. Reviewed regulatory framework on introduction of expertise and expert testimony directly by the defence GOU, MOJ, CCLAP, UNBA, MOF, Parliament / Decisions, statutes and rules amended
6.4.2 Expansion and support for operations and activities of network of Secondary Legal Aid Centres and institutions providing primary legal aid, and improved regional coverage 1. Expanded network of Secondary Legal Aid Centres fully operational, and providing full-scale secondary legal aid to eligible categories of citizens CCLAP, MOJ, MOF, Parliament / Decisions, contracts, job descriptions, practice guides, ICT network in place, trainings

- Enhanced coverage of legal aid providers throughout Ukraine

- Strengthened capacity of regional SCLAPs and establishment of the optimal number of local (inter-district) SCLAPs

- Integrated full-fledged free legal aid system rolled out and in place in selected regions

- Improved access to secondary legal aid through streamlined lawyer assignment process

- Increased proportion of primary legal aid

- Expanded public awareness of legal aid system and possibilities for obtaining representation

2. Institutions for providing primary legal aid are widely established, fully operational, and providing all required services according to regular needs analysis Local self-governance authorities, NBC/RBCs, CSOs, HEIs CCLAP / Decisions, MOUs, statutes and rules amended, reports
3. Legal Aid Call Centre to receive and process reports on detention and streamlined advocate assignment process fully operational CCLAP, MOJ, MOF / Decisions, job descriptions, placement plans, reports
4. Developed and implemented public outreach and advocate engagement strategies at national and regional/local levels, to support operation of the secondary legal aid system CCLAP, MOJ, GOU, CSOs / Decisions
6.4.3 Expansion of coverage of legal aid system 1. Expansion of legal aid system to ensure representation of citizens in court in criminal cases, including convicts GoU, MOJ, MOF, Parliament / Decisions

- Improved access to counsel and right to representation for specified categories of citizens, including convicts

- Access to secondary legal aid in civil and administrative cases

- Possibility of legal aid for victims and (special) witnesses in criminal process

- Possibility of coverage for expertise and expert testimony in legal aid cases

- Clear and definite grounds for obtaining legal aid in all types of cases

- Expanded accessibility and scope of legal aid,

2. Reviewed regulatory framework on expansion of the legal aid system to cover civil and administrative cases, and convicts MOJ, MOF, Parliament / Decisions
Area of Intervention 6.5 Quality Enhancement and Quality Control for Provision of Legal Aid
6.5.1 Development of training system and expanded delivery of training 1. Training (raising professional qualifications) for lawyers providing secondary legal aid, based on regularly performed needs assessments CCLAP, MOJ, CSOs / Decisions, trainings

- Training system for legal aid lawyers strengthened and expanded

- Advanced curricula and Quality materials for training legal aid lawyers

- Involvement CCLAP to the professional development of lawyers providing secondary legal aid,.

- Facilitated interaction between CCLAP and Bar Training Centre

2. Practice guides and training modules related to criminal, civil, and administrative matters developed, disseminated and updated, and used regularly CCLAP, MOJ, BTC, CSOs / Decisions, trainings, publications
6.5.2 Strengthened quality control and assurance system for secondary legal aid 1. Quality standards for the provision of secondary legal aid in different matters developed and applied, to ensure greater quality of legal aid provision by advocates MOJ, CCLAP, NBC / Decisions

- Legal-aid advocates provide greater quality of services

- Judges oversee minimum quality standards for legal aid representation in criminal cases

- Harmonised reporting system by advocates to Legal Aid Centres

- Client satisfaction surveys appropriately used to measure quality of legal aid services

- Increased role of National Preventing Mechanism under Ombudsman for quality monitoring matters

2. Effective procedures in place to monitor Quality Standards for the provision of secondary legal aid MOJ, CCLAP, Ombudsman, NBC, CJ / Decisions, MOUs
6.5.3 Development of information systems for greater delivery of e-justice services 1. CCLAP management information system (MIS), including electronic case management system, fully operational. Electronic case-management systems, secondary legal aid provider registries and internal communication channels between CCLAP, all secondary legal aid centres, NBC, and advocates in place and used effectively CCLAP, MOJ, / Decisions, MOUs, feasibility study, Implementation Master Plan, practice guides, hardware and software in place, review reports, trainings

- Full electronic legal aid case management

- ‘One-stop-shop’ website, providing greater interconnectivity of electronic information sources regarding primary and secondary legal aid and other e-justice services

- Automated or on-line systems for measuring user satisfaction

- Completion of Complex Information Analytical System for legal aid provision, its link to e-justice

6.5.4 Increased and sustainable financing, and sound financial control of legal aid system 1. Increase in financing of legal aid system from State budget, with adequate controls MOJ, GOU, Parliament / Decisions, statutes and rules amended

- Financing of legal aid system from State budget (in proportion to GDP) at not less than CEPEJ average standard

- Sufficient and protected budgetary lines and allocations for the legal aid system

- Increase in financing of primary and secondary legal aid from CSOs, development partners and donors, private sources, and corporate sources

- Sound financial control over legal aid expenditures

2. Increase in financing of legal aid system from non-State sources, with adequate controls MOJ, NBC / Awareness campaigns, donor projects

[7] For more detailed analysis on interventions in coordinated management of information systems and interoperability, see Sub-Chapter 4.2 below.

[8] For more detailed analysis on interventions in coordinated management of information systems and interoperability, see Sub-Chapter 4.2 below.

Impact Indicators for Chapters 5-7

  1. User satisfaction surveys (conducted by sector stakeholders, or by external observers) attest increased access to justice in general, and performance of legal aid, Bar, bailiffs, notaries and ADR system in particular (baseline: 2015; suggested 2016 target - increase by 5%; 2018 target - increase by 15%; 2020 target - increase by 25%; targets to be split by institution/type of service).
  2. Trial monitoring surveys conducted by external observers attest improvement of affairs in access to justice in general, and quality of legal representation in particular (baseline: 2015).
  3. 10 % annual decrease in number of structural violations found by ECHR with regard to right to court, fairness of proceedings or defence rights (baseline: relevant ECHR judgments pronounced in 2015; only pilot judgments or repetitive cases taken into account).
  4. 5 % annual decrease in number of cases at ECHR establishing breach of right to court, fairness of proceedings or defence rights (baseline: relevant ECHR judgments pronounced in 2015).
  5. Improved implementation of general measures in view of any ECHR judgment regarding breach of right to court, fairness of proceedings or defence rights (baseline: number of pending cases before COE CM where general measures are indicated at end of 2015; suggested 2018 target - total decrease by 15%, decrease of enhanced supervision cases by 25%; 2020 target - total decrease by 25%, decrease of enhanced supervision cases by 35%).
  6. 20 % annual decrease in findings by COE CM on failure to enforce individual measures in any ECHR judgment regarding Ukraine establishing breach regarding right to court, fairness of proceedings or defence rights (baseline: 2015).
  7. Annual progress in enforcement of final court judgments in civil and administrative (excluding misdemeanour) matters (baseline: all final court judgments on 1 January 2016; suggested 2016 target - 50% of total final court judgments in civil cases enforced within legally established timelines; 2018 target - 60%; 2020 target – 70%).
  8. State financing of legal aid system at least at the CEPEJ average level in proportion to GDP (baseline: CEPEJ report for calendar year).
  9. Legal aid provided in at least 10% of civil and 20% of administrative (excluding misdemeanour) cases (baseline: pending litigious civil and administrative cases at material time).
  10. 10 % annual increase of cases in ADR (baseline: same point in time one year ago for which annual statistics available; targets to be split per type of ADR/type of process).
  11. Ukraine's standing in various relevant international indices relating to access to justice improves, including Governance Indicators and Rule of Law Index (World Bank Institute), WEF Global Competitiveness Report, rankings by Freedom House, World Justice Project (Rule of Law Index), Transparency International (CPI etc.), Bertelsmann Stiftung Transformation Index (BTI), WB Doing Business Index (baseline: 2015).
  12. Acknowledgement of Ukraine’s progress in ensuring access to justice noted in EU reports and various policy dialogue documents, such as Association Agreement and Visa Liberalisation Action Plan implementation reports (baseline: 2015).
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