The Lawyer’s Role In Ensuring Pro Bono Human Rights During Marital State In Ukraine
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Видавець
Національний науковий центр «Інститут судових експертиз ім. Засл. проф. М.С. Бокаріуса»
Анотація
The article states that the issue of human rights in Ukraine
today is relevant and urgent, especially in the conditions of martial law;
it is indicated that according to Art. 131-2 of the Constitution of Ukraine
for the provision of professional legal assistance in Ukraine there is a Bar
whose independence is guaranteed; it is emphasized that a person’s right
to legal aid in accordance with Art. 59 of the Constitution of Ukraine is one
of the inalienable human rights, and the main institution that provides such
assistance is the Institute of Advocacy; attention is drawn to the fact that
since the armed conflict on the territory of Ukraine continues and the number
of IDPs is increasing, the need to provide free legal aid only increases; it is
indicated that the possibility of access to free legal aid for IDPs, by combining
the state system and public initiatives, is of particular importance in the
context of ensuring the right of access to court and protection of human
rights; it is noted that the provision of legal aid on pro bono terms in Ukraine,
especially in the conditions of a full-scale invasion of the Russian Federation,
is a widespread and popular phenomenon, especially for those categories of
persons who do not have the funds to pay for these services; it is emphasized
that the functioning of free legal aid for categories of citizens who need it is
of special and important importance in the context of ensuring the right of
access to court and protection of human rights.
This Article Purpose is to form a renewed view of the “pro bono”
institution from the standpoint of ensuring a balance between serving the
interests of an individual client and society in general; disclosure of the
peculiarities of the professional activity of a lawyer and the Ukrainian legal
profession in the conditions of martial law. The authors set the main tasks:
to analyze the activities of the self-governing bodies of lawyers, in particular
the National Association of Lawyers of Ukraine, in the conditions of armed
aggression by Russia; to reveal some features of advocacy activities in
wartime conditions; to analyze the activities of the Board of Trustees of the
National Association of Lawyers of Ukraine and foreign partners regarding
assistance to Ukrainian lawyers.
It was concluded that free legal aid is a socially useful phenomenon. “Pro
bono” is a kind of indicator of ensuring the equality of human rights and
their protection. For the further development of this institute, it is necessary
to find effective mechanisms for stimulating the provision of pro bono legal services. Now, more than ever, Ukraine needs a high-quality system of
providing legal assistance to vulnerable sections of the population.
Опис
Today, the Ukrainian legal profession
relies more than ever on internal unity, consolidation and support from the
authorities, as well as, accordingly, on the level of permanent trust from
citizen-clients. Currently, those who are in Ukraine and have not changed
their place of residence, as well as internally displaced persons and refugees,
need protection of their rights. It is hardly possible to exaggerate the role of
lawyers in ensuring human rights, both in Ukraine and abroad1
. Therefore,
the issue of human rights in Ukraine today is more relevant and urgent than
ever, especially in the conditions of martial law, also because someone may
mistakenly believe that they have the right to disregard the parameters of the
rule of law.
Ключові слова
lawyer, human right, pro bono, martial law, internally displaced person, full-scale invasion of the Russian Federation, Law of Ukraine, free legal aid
Бібліографічний опис
Starodubtsev, A., Stiebieliev, А., Kupriianova, А. (2023). The Lawyer’s Role In Ensuring
Pro Bono Human Rights During Marital State In Ukraine. Archives of Criminology
and Forensic Sciences. 1 (7). 88-99. DOI: https://doi.org/10.32353/acfs.7.2023.07. P. 12.
