It is registered
Ministry of Justice of Ukraine
May 13, 2015
No. 517/26962
of April 30, 2015 No. 633/5
About approval of the Procedure for maintaining by the Coordination center for rendering legal assistance the Register of the lawyers providing free secondary legal aid
According to Item 7 parts one of article 28 of the Law of Ukraine "About free legal aid" order:
1. Approve the Procedure for maintaining by the Coordination center for rendering legal assistance of the Register of the lawyers providing free secondary legal aid which is applied.
2. For the purpose of forming of the Register of the lawyers providing free secondary legal assistance by the head territorial administration of justice of the Ministry of Justice of Ukraine in areas and the city of Kiev to provide transfer to the Coordination center for rendering to legal assistance of the corresponding local registers of the Register of the lawyers providing free secondary legal assistance on permanent basis under the contract and the Register of the lawyers providing free secondary legal assistance on a temporary basis based on the agreement in the forms given in appendices 1, 2 to the Procedure for maintaining justice of the Ministry of Justice of Ukraine by Head departments in the Autonomous Republic of Crimea, areas, the cities of Kiev and Sevastopol of local registers of the Register of the lawyers providing free secondary legal assistance on permanent basis under the contract and the Register of the lawyers providing free secondary legal assistance on a temporary basis based on the agreement in a month the Ministry of Justice of Ukraine approved by the order of April 24, 2012 No. 636/5 registered in the Ministry of Justice of Ukraine on April 26, 2012 on No. 634/20947, in electronic and paper type. The paper copy shall be stitched and sealed official the relevant head territorial administration of justice of the Ministry of Justice of Ukraine; pages are numbered, each page is signed by the chief of the relevant head territorial administration of justice of the Ministry of Justice of Ukraine.
3. To the coordination center for rendering legal assistance (Vishnevsky A. V.) provide forming in the two-month time and maintaining the Register of the lawyers providing free secondary legal assistance according to the Procedure approved by this order.
4. Declare invalid the order of the Ministry of Justice of Ukraine of April 24, 2012 No. 636/5 "About approval of the Procedure for maintaining justice of the Ministry of Justice of Ukraine by Head departments in the Autonomous Republic of Crimea, areas, the cities of Kiev and Sevastopol of local registers of the Register of the lawyers providing free secondary legal assistance on permanent basis under the contract and the Register of the lawyers providing free secondary legal assistance on a temporary basis based on the agreement", registered in the Ministry of Justice of Ukraine on April 26, 2012 on No. 634/20947.
5. To the coordination center for rendering legal assistance (Vishnevsky A. V.) provide submission of this order on state registration according to the Presidential decree of Ukraine of October 3, 1992 to No. 493 "About state registration of regulatory legal acts of the ministries and other executive bodies".
6. This order becomes effective from the date of its official publication, except Items 1 and 4, which become effective in two months from the date of its official publication.
7. To impose control over the implementation of this order on the deputy minister - the chief of staff of Ivanchenko A. P.
Deputy minister of justice of Ukraine
A. Yanchuk
Approved by the Order of the Ministry of Justice of Ukraine of April 30, 2015, No. 633/5
1. This Procedure determines the mechanism of forming and maintaining by the Coordination center for rendering legal aid (further - the Coordination center) the Register of the lawyers providing free secondary legal aid (further - the Register), and also its uses.
2. The register is database in which contain determined in Item 2 of the Section II, Items 4, of the 5th Section III of this Procedure for the information about lawyers who can be involved in provision of free secondary legal aid (further - legal aid) according to Procedure and conditions of the conclusion of the contracts with the lawyers giving free secondary legal aid, approved by the resolution of the Cabinet of Ministers of Ukraine of January 11, 2012 No. 8 (in edition of the resolution of the Cabinet of Ministers of Ukraine of December 19, 2012 No. 1214), other technical data and which maintaining is performed in format of spreadsheets Excel and/or by means of complex information and analytical system of ensuring provision of legal aid (further - KIAS) which form is given in appendix 1 to this Procedure.
3. Maintaining and organizational technical supply of the Register are performed by the structural division of the Coordination center determined by the director of the Coordination center. The coordination center takes measures for preserving and data protection, containing in the Register, and performs other functions provided by this Procedure.
4. The register is kept in state language.
1. Entering of data into the Register is performed based on received according to the procedure, No. 1362 established by the resolution of the Cabinet of Ministers of Ukraine of December 28, 2011 "About approval of the Procedure and conditions of carrying out tender on selection of lawyers which are attracted for provision of free secondary legal aid, protocols of the corresponding tender committees which are formed by the regional/interregional centers for provision of free legal aid" (further - the commissions) for carrying out tender on selection of lawyers who are attracted for rendering legal aid (further - tender), within five working days from the moment of their receipt. The form of the specified protocol affirms the Coordination center.
2. The following data are entered in the Register:
1) surname, name, lawyer's middle name;
2) number and date of issue of the certificate on the right to occupation lawyer activities and the name of the body which made the decision on its issue;
3) number and date of the protocol of tender committee which contains information on the selected applicants for inclusion them in the register;
4) the name of the region where the lawyer participated in tender on selection of the lawyers involved to rendering legal aid;
5) date and time of entering of data into the register;
6) surname, initials of the ranking officer of the Coordination center who entered data in the Register.
1. In case of the conclusion of the agreement (contract) with the lawyer the center for provision of free legal aid (further - the center) performs verification of the data of the Register specified in subitems 1-4 of Item 2 of the Section II of this Procedure.
2. About change of the data specified in subitems 1, 2 Items 2 of the Section II of this Procedure, the lawyer who is included in the register in three-day time from the moment of approach of such changes informs the center with which it shall sign the agreement.
3. From the moment of obtaining from the lawyer of information on change of the above-stated data or in case of independent detection of discrepancy of the data specified in subitems 1-4 of Item 2 of the Section II of this Procedure containing in the Register to actual data the center sends to one-day time to the Coordination center the request about modification of data of the Register in the form given in appendix 2 (further - the request) to this Procedure. The request is filled in in electronic form in the Excel format, unpacked, signed by the authorized officer of the center, is scanned and goes to the Coordination center or moves by means of the KIAS special service. Originals of requests are stored in the center.
4. Changes in register are entered in day of receipt of the specified request. Along with changes the following data are introduced (if data were already entered by change of data):
1) date and time of entering of the last changes into data of the Register;
2) surname, initials of the ranking officer of the Coordination center which made the last changes to data of the Register.
5. In case of adoption by the Coordination center of the decision on the lawyer's exception of the Register in the field "Number and Date of the Order of the Coordination Center on the Lawyer's Exception of the Register" the specified data are entered. Along with it the following data are entered:
1) date and time of introduction of data in the field "Number and Date of the Order of the Coordination Center on the Lawyer's Exception of the Register";
2) surname, initials of the ranking officer of the Coordination center which entered data in the field "Date and Number of the Order of the Coordination Center on the Lawyer's Exception of the Register".
6. The decision on the lawyer's exception of the Register is made by the Coordination center in case:
1) receipts of the written application of the lawyer addressed to the director of the Coordination center about exception of the Register;
2) improper execution by the lawyer of the obligations under the terms of the agreement;
3) terminations of the right to occupation lawyer activities;
4) death of the lawyer.
1. The information about the lawyers included in the register, specified in subitems 1-4 of Item 2 of the Section II of this Procedure is posted on the official site of the Coordination center in statement format from the Register. The information about the lawyers excluded from the Register is not posted on the specified website. The specified information on the website is updated monthly.
2. Access for employees of the Coordination center, communication centers with the functions which are carried out by them to data of the Register, and also the lawyers included in the register regarding the data relating to the specific lawyer is provided by means of the corresponding modules (services) of KIAS.
Director of the Coordination center for provision of legal assistance
A. Vishnevsky
See Appendices (23Kb In original language)
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