INTERNALLY DISPLACED PERSONS AS THE SUBJECTS OF THE RIGHT TO FREE LEGAL ASSISTANCE: REALITIES OF THE PRESENT
Journal Title: Вчені записки Таврійського національного університету імені В. І. Вернадського. Серія: Юридичні науки - Year 2018, Vol 292, Issue 2
Abstract
The article deals with the procedure for ensuring the constitutional right of the individual to free of charge legal assistance. It is determined that the constitutional human right to professional legal assistance in Ukraine is guaranteed by the Constitution, other normative legal acts of Ukraine, the opportunity of each physical entity to receive legal assistance from an advocate, consisting of solving a problem legal situation in order to effectively realization and protection its rights, freedoms and legitimate interests. This right, firstly, is the fundamental, inalienable right of everyone, which is a set of legal possibilities of the person receiving them as a participant in the legal relationship in which it enters into its social life in order to achieve the set legal goals, and secondly, it serves as a key constitutional guarantee for the implementation and protection of other rights of a person and a citizen (including the right to a fair trial). A system of special features of professional legal assistance is offered, which is characterized by the fact that the latter: 1) is a kind of legal activity; 2) provides for legal content in actions (services); 3) conforms to the principles of the rule of law, legality, independence, preventive, inadmissibility of a conflict of interests, confidentiality, quality, etc.; 4) can be provided on a paid and on a free basis; 5) has aleatory nature; 6) has a legal significance (its consequences play the role of a legal fact). Special attention is devoted to the realization of this right, such categories of the population Ukraine as a internally displaced persons, the respect and protection of their rights and freedoms on the basis of the formulated proposals on improvement of legislation in this area and the relevant mechanisms for the implementation of the constitutional human rights in Ukraine. In accordance with the Constitution of Ukraine, an advocate representing another person in court, as well as protection from criminal prosecution, is the subject of ensuring the human right to professional legal assistance. The law may specify exceptions for representation in a court in labor disputes, disputes concerning the protection of social rights, elections and referendums, minor disputes, as well as in relation to the representation of minors or infants and persons recognized as incapacitated by the court or whose capacity is limited. In order to prevent the emergence of conditions of forced internal displacement of persons, protection of they rights and freedoms, creating and maintaining conditions that allow such individuals voluntarily in safe conditions and with dignity back to the abandoned place of residence, or the conditions for the integration of the new place of residence in Ukraine, the importance is cooperation of Ukraine other States and international organizations. The State now has to create effective tools of protection at national level, to appeal to the European Court of human rights is not seen as the only means of salvation.
Authors and Affiliations
О. О. , Іляшко, А. В. Джуська
Keywords
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