FREE LEGAL AID FOR VICTIMS AND PRINCIPLES OF CRIMINAL PROCEEDINGS

Abstract

The article examines international and national sources of law, that regulate the provision of legal aid to victims of criminal offenses at state expense, as well as scientific research on this issue. In criminal proceedings, the right to professional legal aid plays an important role in ensuring the rights and legitimate interests of both the suspect or accused and the victim. In Art. 14 of the Law “On Free Legal Aid” as of November 2024, we have identified eleven vulnerable categories of victims who have the right to receive representation in criminal proceedings at the expense of the state. We believe that this list requires a reasonable expansion. After all, the right to free legal protection for suspects, accused in Articles 49, 52-53, 330 of the Criminal Procedure Code of Ukraine and in Art. 14 of the Law “On Free Legal Aid” is enshrined in a much larger scope. This situation does not correspond to the principles of the rule of law, equality, adversarial principle in criminal proceedings. The grounds and limitations for the prosecutor’s representation of vulnerable categories of victims are analyzed and a conclusion is drawn about the narrow scope of this prosecutor’s activity, which cannot solve the existing problems of providing free legal aid by the victim’s representative. However, the initiative of the Prosecutor General’s Office to assist victims of war crimes was noted, including referring them to free legal aid centers and other specialized institutions, that provide them with services and support. A proposal was formulated for the legislator to make an addition to Clause 8 Part 1 of Article 56 of the Criminal Procedure Code of Ukraine in order to overcome the imbalance between the position of the victim and the suspect, accused in terms of access to free legal aid. In Art. 49 of the Criminal Procedure Code of Ukraine for officials, who manage criminal proceedings, should provide the obligation and the procedure for appointing a representative for the victim in order to provide him with free legal aid. The need to exclude Part 4 of Article 14 of the Law “On Free Legal Aid” reasoned by the fact that the content of the right to representation of victims, as well as the right to defense of the suspect or accused, is not fully realized.