Ensuring the right to defense immediately following actual apprehension of a
person constitutes one of the most effective tools for prevention of ill-treatment and
violations of other rights of apprehended person.
According to Article 29 of the Constitution of Ukraine, every person, arrested or
detained, shall be given an opportunity to personally defend himself/herself or to
receive legal assistance from a defender.
Part two of Article 62 of the Constitution of Ukraine guarantees the right of a
suspect to legal assistance, and such assistance shall be rendered free of charge in cases
stipulated by law (Article 59§1 of the Constitution of Ukraine).
The right to defense is also enshrined in a number of articles of the Criminal
Procedure Code of Ukraine:
Article 20§1 of the CPC established the right of an apprehended person to
benefit from a legal assistance of a defense counsel;
Article 20 §3 of the CPC, Article 42 §3(3) of the CPC guarantees the right
to have services of a counsel provided at the cost of the state in the cases
stipulated for in this Code and/or the law regulating provision of legal aid
at no cost including when no resources are available to pay for such
counsel;
Article 49 §1(2) of the CPC establishes an obligation for the to ensure
participation of a defense counsel in criminal proceedings when the
suspect, accused filed a plea on committing a defense counsel but for
reasons of lack of funds or for other objective reasons, is unable to commit
one on his own;
According to Article 208§4 of the CPC, a competent official who
apprehended the person without investigating judge’s, court’s ruling, shall
be required to immediately inform the apprehended person of his/her
rights, including the right to involve a defense counsel;
According to Article 213§4 of the CPC, an officer who carried out the
apprehension should notify the body (institution) authorized by the law to
provide legal aid at no cost immediately, and in case the defense counsel
fails to arrive within the period established by the law, immediately advise
such body (institution).
Article 5 §8 of the Law of Ukraine “On Militsiya” establishes a duty of police
officers to ensure the possibility to benefit from legal assistance by defender from
the moment of apprehension, including free legal assistance in accordance with the
law regulating provision of such assistance.
In accordance with Article 14 §1(5) of the Law of Ukraine “On Free Legal Aid”,
persons apprehended on suspicion of crime, have the right to free legal aid.
In addition, the Cabinet of Ministers resolution #1363 dated 28 December 2011
approved the Procedure for notification of the centers for free secondary legal aid on
apprehensions of persons14. The said procedure establishes general requirements and
mechanism for notifying centers for free secondary legal aid on cases of apprehension
14
http://zakon4.rada.gov.ua/laws/show/1363-2011-%D0%BF
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