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LAW OF UKRAINE

of April 10, 2023 No. 3022-IX

About modification of some legal acts of Ukraine concerning simplification of access to free legal aid

The Verkhovna Rada of Ukraine decides:

I. Make changes to the following legal acts of Ukraine:

1. In the Family code of Ukraine (The sheet of the Verkhovna Rada of Ukraine, 2002, Art. No. 21-22, 135):

Part third of Article 156 to state 1) in the following edition:

"3. Minor parents in court have the right to free legal aid";

Item 4 of part one of Article 248 to state 2) in the following edition:

"4) on free legal aid according to the procedure, established by the Law of Ukraine "About free legal aid".

2. Part the fourth Article 60 of the Economic Procedure Code of Ukraine (2017, 48, the Art. 436) to state sheets of the Verkhovna Rada of Ukraine to No. in the following edition:

"4. Powers of the lawyer as representative are confirmed by one of the following documents:

1) power of attorney;

2) the order issued according to the Law of Ukraine "About legal profession and lawyer activities";

3) the order of body (organization) authorized by the law on provision of free legal aid issued according to the Law of Ukraine "About free legal aid".

3. In the Code of civil procedure of Ukraine (The sheet of the Verkhovna Rada of Ukraine, 2017, No. 48, the Art. 436):

Part the fourth Article 62 to state 1) in the following edition:

"4. Powers of the lawyer as representative are confirmed by one of the following documents:

1) power of attorney;

2) the order issued according to the Law of Ukraine "About legal profession and lawyer activities";

3) the order of body (organization) authorized by the law on provision of free legal aid issued according to the Law of Ukraine "About free legal aid";

Article 293 to add 2) with part five of the following content:

"5. In the cases established by Items 1, 9 and 10 parts two of this Article, hearing of cases is conducted by court with obligatory participation of the lawyer of person concerning which case is considered. If person did not involve the lawyer, the court attracts it through the body (organization) authorized by the law on provision of free legal aid. The judgment about the order to appoint the lawyer immediately, but no later than two working days, goes to relevant organ (organization) authorized by the law on provision of free legal aid for execution";

3) the first offer of paragraph one of part one of Article 299 to state in the following edition:

"1. Incapacitated the court considers cases on restriction of civil capacity to act of physical person or recognition of physical person with participation of the applicant, person concerning whom case on recognition its incapacitated, his lawyer and the representative of guardianship and custody body is considered";

The third and fourth Article 300 to state 4) to part in the following edition:

"3. Cancellation of the judgment about restriction of civil capacity to act of physical person and renewal of civil capacity to act of physical person which civil capacity to act is limited is performed by a court decision according to the statement of such physical person, his custodian, family members, guardianship and custody body or its lawyer.

4. Cancellation of the judgment about recognition of physical person incapacitated and renewal of civil capacity to act of the physical person recognized incapacitated in case of recovery or considerable improvement of its mental condition is performed by a court decision based on the corresponding conclusion of forensic-psychiatric examination according to the statement of the guardian, family members, guardianship and custody body, such person recognized incapacitated or his lawyer";

Part the second Article 341 to state 5) in the following edition:

"2. Case on the statement for provision of mental health services forcibly, about the termination of provision of out-patient mental health services or about hospitalization forcibly is considered in the presence of person concerning whom the issue of provision to it mental health services forcibly, with obligatory participation of the prosecutor, psychiatrist, representative of the organization on rendering mental health services which submitted the application, the lawyer or the legal representative of person concerning whom the question connected with provision of mental health services is considered is resolved";

Part third of Article 342 to state 6) in the following edition:

"3. The decision on refusal in allowance of the application about prolongation of term of rendering out-patient mental health services, hospitalization prolongation, and also the decision on allowance of the application of physical person, his lawyer, legal representative is the basis for the termination of provision of the specified forced mental health services";

Part the second Article 345 to state 7) in the following edition:

"2. Participation in consideration of the case of the representative of TB facility according to which statement proceeedings are open of the lawyer, the legal representative of person concerning whom the issue of forced hospitalization or of prolongation of term of forced hospitalization is resolved is obligatory".

4. Part the fourth article 59 of the Code of administrative legal proceedings of Ukraine (2017, 48, the Art. 436) to state sheets of the Verkhovna Rada of Ukraine to No. in the following edition:

"4. Powers of the lawyer as representative are confirmed by one of the following documents:

1) power of attorney;

2) the order issued according to the Law of Ukraine "About legal profession and lawyer activities";

3) the order of body (organization) authorized by the law on provision of free legal aid issued according to the Law of Ukraine "About free legal aid".

5. The seventh article 6 of the Law of Ukraine "About recovery of victims of repressions of communist totalitarian regime of 1917-1991" (Sheets of the Supreme Council of USSR, 1991, No. 22, of Art. 262 with the following changes) to state part in the following edition:

"The faces rehabilitated in connection therewith by the law have the right to free legal aid according to the Law of Ukraine "About free legal aid" on the questions connected with rehabilitation".

6. In the Law of Ukraine "About social and legal protection of the military personnel and members of their families" (Sheets of the Verkhovna Rada of Ukraine, 1992, No. 15, Art. 190; 2006, No. 51, Art. 519):

The name of the Section III to state 1) in the following edition:

"Chapter III. Right of the military personnel to appeal of illegal decisions and actions, receipt of legal aid";

The name of Article 20 to state 2) in the following edition:

"Article 20. Right of the military personnel to legal aid".

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