RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of June 6, 2012 No. 504

About formation of the Coordination center for provision of legal aid and liquidation of the Center of legal reform and bill works under the Ministry of Justice

For the purpose of forming in Ukraine of effective system of free legal aid according to the Law of Ukraine "About free legal aid" and the Presidential decree of Ukraine of June 9, 2006 "About the Concept of forming of system of free legal assistance in Ukraine" the Cabinet of Ministers of Ukraine decides No. 509:

1. Form the Coordination center for provision of legal aid (further - the Coordination center) with its reference to the sphere of management of the Ministry of Justice.

2. Approve Regulations on the Coordination center for provision of legal aid which are applied.

3. Liquidate the Center of legal reform and bill works under the Ministry of Justice.

To the Ministry of Justice to form the commission on liquidation of the specified Center and to provide its liquidation in the procedure established by the legislation.

4. In the text of the Procedure and conditions of carrying out tender and requirements to the professional level of lawyers which are involved in provision of free secondary legal assistance, approved by the resolution of the Cabinet of Ministers of Ukraine of December 28, 2011 No. 1362 (The Official Bulletin of Ukraine, 2011 No. 101, the Art. 3718), the Procedure for informing the centers for provision of free secondary legal assistance on cases of the detention of persons approved by the resolution of the Cabinet of Ministers of Ukraine of December 28, 2011 No. 1363 (The Official Bulletin of Ukraine, 2011 No. 101, the Art. 3719), appendices 1 and 2 to the Procedure and conditions the conclusion of contracts with the lawyers giving free secondary legal assistance on permanent basis and the contracts with the lawyers giving free secondary legal assistance on a temporary basis, approved by the resolution of the Cabinet of Ministers of Ukraine of January 11, 2012 No. 8 (The Official Bulletin of Ukraine, 2012 No. 3, of the Art. 92) to replace the words "The Center of Legal Reform and Bill Works Under Ministry of Justice" and "Center of Legal Reform" in all cases respectively with the words "Coordination Center for Provision of Legal Assistance" and "Coordination Center" in the corresponding case.

5. To the Ministry of Justice:

provide in 2012 financing of the Coordination center for the account and in the expense limits provided by the Law of Ukraine "About the Government budget of Ukraine for 2012" to the Ministry as to the main manager of budgetary funds;

approve the staff list of the Coordination center within certain salary fund;

resolve issue concerning creation of proper conditions for implementation of activities of the Coordination center, its personnel and material logistics.

6. Recognize invalid resolutions of the Cabinet of Ministers of Ukraine according to the list which is attached.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of June 6, 2012 No. 504

Regulations on the Coordination center for provision of legal aid

1. The coordination center for rendering legal aid (further - the Coordination center) is formed for the purpose of forming and ensuring functioning in Ukraine of effective system of provision of free legal aid, ensuring its availability and quality of provision of services.

2. The coordination center is public institution and treats the sphere of management of Ministry of Justice.

3. In the activities the Coordination center is guided by the Constitution and the laws of Ukraine, presidential decrees of Ukraine, resolutions of the Verkhovna Rada of Ukraine adopted according to the Constitution and the laws of Ukraine, acts of the Cabinet of Ministers of Ukraine, Ministry of Justice, other regulatory legal acts and this Provision.

4. Official name of the Coordination center:

in Ukrainian - the Coordination center for provision of legal aid;

in English - Coordination Centre for Legal Aid Provision.

5. The coordination center is legal entity, has seal with the image of the State Emblem of Ukraine and the name, separate balance, accounts in bodies of Treasury.

6. The property of the Coordination center is formed for the account:

1) the property transferred to it in accordance with the established procedure by Ministry of Justice, and also the companies, organizations and the organizations irrespective of pattern of ownership;

2) funds of the government budget which are allocated for providing it activities;

3) the means arriving according to the signed civil agreements;

4) the property and means arriving within projects and programs of the international technical assistance.

7. The coordination center owns, uses and disposes due to it of property on the right of operational management according to the legislation.

8. Property and means of the Coordination center are aimed at providing accomplishment of the tasks assigned to it and covering of the expenses connected with implementation of its activities.

9. The coordination center bears the financial responsibility according to the obligations within the property belonging to it according to the legislation.

10. Payment terms of work of employees of the Coordination center affirm the Cabinet of Ministers of Ukraine.

11. The staff list and the estimate of the Coordination center affirm the state secretary of Ministry of Justice within the allocated budgetary appropriations.

12. The main objectives of the Coordination center are:

1) organizational, expert and analytical, information and material logistics of implementation of powers of Ministry of Justice in the field of provision of free legal aid;

2) carrying out the analysis of practice of law enforcement concerning provision of free legal aid;

3) submitting for examination of the Minister of Justice of offers concerning forming and realization of state policy in the specified sphere;

4) development and representation on approval of Ministry of Justice of the quality standards of provision of free legal aid;

4-1) development and approval of rules of carrying out mediation according to requirements of the Law of Ukraine "About mediation";

5) management of system provision of free secondary legal aid;

6) rendering the methodical help to executive bodies and local government bodies on the questions concerning provision of free primary legal aid;

6-1) ensuring carrying out tenders by the interregional/regional centers for provision of free legal aid for the purpose of involvement of lawyers for provision of free secondary legal aid;

7) forming and maintaining in accordance with the established procedure the Register of the lawyers providing free secondary legal aid;

7-1) forming and maintaining in accordance with the established procedure the Register of mediators which are attracted by the centers for provision of free secondary legal aid;

8) ensuring functioning and development of complex information and analytical system of ensuring provision of free legal aid;

9) the organization of advanced training of the lawyers providing free secondary legal aid.

13. The coordination center according to the tasks assigned to it:

1) develops drafts of acts of the legislation in the field of provision of free legal aid and brings them to Ministry of Justice;

Collects 2), generalizes, analyzes and distributes legal, scientific and other information on questions of provision of legal aid;

Will organize 3) and holds seminars, conferences, trainings, exhibitions, other actions, including international;

4) performs methodical providing and consulting support concerning provision of free legal aid of executive bodies and local government bodies, and also the specialized agencies formed by them on provision of free primary legal aid, provides explanations concerning application of the legislation in the respective sphere;

5) promotes enhancement acting and to implementation of new standards and procedures in the field of provision of free legal aid taking into account world practice;

6) is provided by implementation of modern information technologies in the field of provision of free legal aid;

7) provides carrying out scientific research and applied developments, in particular preparation of viewing of the legislation of Ukraine and foreign states concerning provision of legal aid and practice of its application, dictionaries, reference books, collections, scientific and practical comments, methodical recommendations and benefits;

8) provides foundation of printing media, the edition and distribution of books, other printed materials, including on paid basis, production and placement of social advertizing, production, replication and distribution video and audioproducts;

9) provides at the request of the Minister of Justice or his first deputy preparation and accomplishment of the state target and other programs, including projects and programs of the international technical assistance;

10) is provided according to the decision of Ministry of Justice by formation of the regional, interregional and local centers for provision of free legal aid, including interregional resource and communication (legal) platforms as territorial departments;

10-1) interacts with the Supervisory board of the Coordination center;

11) interacts with the foreign and international organizations, and also their representations in Ukraine on the questions which are within its competence;

12) interacts with public organizations for the purpose of collection, carrying out the analysis, generalization, discussion and use of the best practices concerning provision of free legal aid;

13) is provided by carrying out within the powers and according to international treaties which consent to be bound is provided by the Verkhovna Rada of Ukraine, monitoring of activities of the executive bodies, on accomplishment undertaken by Ukraine of obligations concerning provision of free legal aid;

14) is approved by Regulations of the centers for provision of free legal aid;

15) is provided by carrying out monitoring of quality of provision by lawyers of free legal aid;

15-1) provides carrying out monitoring of quality of rendering with mediators of services in mediation;

16) is carried out by monitoring of availability of free legal aid;

17) makes the decision on exception of lawyers of the Register of the lawyers providing free legal aid;

18) is controlled by activities of the centers for provision of free legal aid;

19) performs activities of the centers for provision of free legal aid according to the procedure, approved by Ministry of Justice;

19-1) signs in accordance with the established procedure contracts with directors of the regional, interregional and local centers for provision of free legal aid;

20) performs other functions according to the legislation.

14. The coordination center for accomplishment of the tasks assigned to it has the right:

1) independently to perform activities according to the plans and estimates approved in accordance with the established procedure;

To receive 2) in the procedure established by the legislation it is free from executive bodies and local government bodies necessary information, documents and materials;

3) to form working groups, temporary research and on-stage performance groups, in particular with the assistance of representatives of public authorities and local government bodies in coordination with their heads;

4) to involve specialists of executive bodies, the companies, organizations and the organizations (in coordination with their heads), scientists, representatives of public organizations (in consent) in consideration of the questions which are within its competence;

To involve 5) based on the signed civil and employment contracts in the activities consultants, experts, including foreign, scientific institutions, lawyers, lawyer associations, law and consulting firms, other subjects of managing;

6) to conduct procurement of goods, works and services for needs of the Coordination center and its territorial departments in the procedure established by the legislation;

7) to receive grants and other international technical assistance from the donor countries and the international organizations in the procedure established by the legislation;

8) to act as the recipient of projects and programs of the international technical assistance;

9) to develop drafts of regulatory legal acts, scientific and practical comments, methodical recommendations about the questions which are within its competence including by request of local government bodies, the companies, organizations and the organizations.

15. The coordination center within powers, on basis and in pursuance of the Constitution and the laws of Ukraine, presidential decrees of Ukraine, resolutions of the Verkhovna Rada of Ukraine accepted according to the Constitution and the laws of Ukraine, acts of the Cabinet of Ministers of Ukraine, orders of the Prime Minister of Ukraine, the Minister of Justice issues orders, will organize and controls their accomplishment.

15-1. For the purpose of ensuring effective realization of state policy in the field of provision of free legal aid, independence and transparency of management of system of provision of free legal aid the Ministry of Justice forms the Supervisory board of the Coordination center (further - the Supervisory board).

The main objectives and functions of the Supervisory board are:

approval on representation of the director of the Coordination center:

- offers of rather strategic and priority directions of development of system of provision of free legal aid and enhancement of its structure;

- annual plans of activities and reports of the Coordination center;

provision to the director of the Coordination center of the advisory help with strategic questions of activities of the Coordination center and its territorial departments;

identification and estimation of risks (political, financial and others), provision to the director of the Coordination center of recommendations concerning ways of prevention of emergence of risks or their elimination and offers on minimization of possible negative effects;

assessment of activities of the director of the Coordination center by hearing of annual, in particular, financial statement on functioning of system of provision of free legal aid, and by results of such job evaluation of the director of the Coordination center satisfactory or unsatisfactory;

implementation of supervision of activities of system of provision of free legal aid;

implementation of other powers determined by the regulations on the Supervisory board approved by Ministry of Justice.

The supervisory board consists of nine members. The structure of the Supervisory board affirms Ministry of Justice. The meeting of the Supervisory board is competent if at it there are at least 2/3 of his members. The decision on recognition of work of the director of the Coordination center of satisfactory or unsatisfactory is accepted 2/3 voices from structure of the Supervisory board and is submited to the Minister of Justice. Members of the Supervisory board fulfill the duties on a voluntary basis.

The procedure for carrying out tender concerning election of members of the Supervisory board affirms Ministry of Justice. The structure of tender committee is created of eight people: four persons who are the employees of Ministry of Justice or persons recommended by Ministry of Justice and four persons recommended by the international partners who cooperate with the Coordination center for a long time.

Organizational and material logistics of activities of the Supervisory board is performed by the Coordination center.

16. The coordination center is headed by the director who is appointed to position and is dismissed by the Minister of Justice. For the purpose of selection of persons capable it is professional to fulfill job responsibilities of the director, on occupation of vacant position of the director competition according to the procedure, determined by Ministry of Justice is held. The Minister of Justice appoints the director of the recommendation of the Supervisory board for candidates who got three highest competitive points by results of the held competition and information on whom is transferred to it by the commission on candidate screen to position of the director of the Coordination center. Such recommendations shall contain reasons for feasibility of position assignment of the director of the Coordination center of each of candidates who successfully underwent tender. 

Person having the higher education of the second level on the master's degree on industry of knowledge "Right" or "Management and administration", or "Public management and administration" or "The international relations" can be the director of the Coordination center, has work experience at least three years on executive positions in public authorities and/or local self-government and/or executive positions at the companies, in organizations and the organizations irrespective of pattern of ownership and/or at least five years in the field of the right, fluent in state language.

In the period of warlike situation the director of the Coordination center is appointed the Minister of Justice without carrying out tender based on the application submitted by person, the filled personal card of the established sample and documents confirming availability at such person of citizenship of Ukraine, education and work experience according to the requirements established by the paragraph the second this Item.

Person appointed to position of the director of the Coordination center in the period of warlike situation submits the declaration of person authorized on accomplishment of functions of the state or local self-government in the year preceding year of position assignment, provided by the Law of Ukraine "About prevention of corruption" and the document on confirmation of level of proficiency in state language according to the Law of Ukraine "About ensuring functioning of Ukrainian as state" within three months from the date of the termination or cancellation of warlike situation in Ukraine in case such documents were not filed by it earlier.

After the termination or cancellation of warlike situation in Ukraine, but not later than within six months from the date of its termination or cancellation, to position of the director of the Coordination center competition according to paragraph one of this Item is announced. The deadline of stay of person appointed to position of the director of the Coordination center during warlike situation constitutes 12 months from the date of the termination or cancellation of warlike situation in Ukraine.

17. Director of the Coordination center:

1) is headed by the Coordination center, performs management of its activities and system of free legal aid;

2) bears the personal responsibility for accomplishment of the tasks assigned to the Coordination center;

3) determines priorities and strategic directions of work, approves plans of activities of the Coordination center and its territorial departments;

4) is represented by the Coordination center in the relations with public authorities, local government bodies, legal entities and physical persons;

5) submits for consideration of the Minister of Justice of the offer of the Coordination center concerning forming and realization of state policy in the field of provision of free legal aid, in particular drafts of the laws and other regulatory legal acts;

6) disposes of property and means of the Coordination center according to the legislation;

Approves 7):

structure of the Coordination center and regulations on its structural divisions;

regulations on territorial departments of the Coordination center, their standard structure and standard regulations on structural divisions of such territorial departments;

qualification requirements to employees of the Coordination center and its territorial departments;

8) submits drafts of the staff list and the estimate of the Coordination center for consideration of the state secretary of Ministry of Justice, approves the staff list and the estimate of the regional/interregional centers for provision of free legal aid;

9) issues orders and orders, obligatory for accomplishment by employees of the Coordination center and its territorial departments;

10) appoints to positions and dismisses employees of the Coordination center, heads of its territorial departments and their deputies, distributes obligations between them;

11) provides compensation of employees of the Coordination center according to the legislation;

11-1) participates in meetings of the Supervisory board with the right of advisory vote;

11-2) makes offers in the agenda of meetings of the Supervisory board, makes offers, required materials on the questions considered by the Supervisory board;

11-3) convenes in case of need emergency meetings of the Supervisory board on strategic questions of activities of system of provision of free legal aid;

11-4) reports to the Supervisory board on functioning of system of provision of free legal aid;

12) performs other powers according to the legislation.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of June 6, 2012, No. 504

List of resolutions of the Cabinet of Ministers of Ukraine, invalid

1. The resolution of the Cabinet of Ministers of Ukraine of November 16, 1994 No. 780 "Questions of the Center of legal reform and bill works under the Ministry of Justice of Ukraine" (ZP of Ukraine, 1995 No. 2, the Art. 32).

2. Item of 10 changes which are made to resolutions of the Cabinet of Ministers of Ukraine, approved by the resolution of the Cabinet of Ministers of Ukraine of December 27, 2001 No. 1758 (The Official Bulletin of Ukraine, 2002 No. 1, the Art. 4).

3. Item 2 of the resolution of the Cabinet of Ministers of Ukraine of March 4, 2004 No. 263 "Some questions of improvement of the organization of bill activities" (The Official Bulletin of Ukraine, 2004 No. 9, the Art. 535).

4. Item of 1 changes which are made to acts of the Cabinet of Ministers of Ukraine, approved by the resolution of the Cabinet of Ministers of Ukraine of November 21, 2011 No. 1180 (The Official Bulletin of Ukraine, 2011 No. 90, the Art. 3266).

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