REIMBURSEMENT OF EXPENSES FOR LEGAL ASSISTANCE IN THE FIELD OF LAW

An important role in ensuring the realization, protection and protection of human and civil rights and freedoms in Ukraine as a democratic, rule-of-law state is given to the right of the person to legal assistance, enshrined in Article 59 of the Constitution of Ukraine. This right is one of the constitutional, inalienable human rights and has a general character. In addition, the realization of each right to legal assistance can not depend on the status of the person and the nature of its legal relationship with other subjects of law.

The Constitutional Court of Ukraine in its Decision No. 13-rp / 2000 of November 16, 2000 in the case concerning the right to free choice of counsel expressed the legal position on this issue. In particular, the paragraph of the fifth paragraph 5 of the reasoning part of this Resolution states that "by consolidating the right of any individual to legal assistance, the constitutional prescription" everyone is free to choose the right of a defense counsel "(part one of Article 59 of the Constitution of Ukraine) in his The content is general and concerns not only the suspect, the accused or the defendant, but also other individuals who are guaranteed the right to freely choose a lawyer in order to protect their rights and legitimate interests arising from civil, labor, family, administrative.

In addition, Part 1 of Art. 84 of the CPC of Ukraine (as of 01.08.2016) does not restrict the reimbursement of expenses for legal aid in cases when it was provided by a person who is involved under Article. 56 JINES OF UKRAINE (ed. 01.08.2016). Barriers to the collection of legal aid costs for a person who is a lawyer and participates in the status of a representative, Art. 84 of the Civil Code of Ukraine (edited 01.08.2016) does not contain. In favor of this position, the decision of the CCU of September 30, 2009 No. 23-rp / 2009, which provided the official interpretation of the concept of "legal aid", which is multifaceted, different in content, scope and forms and may include consultations, roses clarification, compilation of lawsuits and appeals, certificates, applications, complaints, representation, in particular in courts and other state bodies, defense against charges, etc. The choice of the form and subject of such assistance depends on the will of the person who wishes to receive it. The state guarantees the possibility to receive free legal assistance, without unlawful restrictions, in legal matters in the amount and forms as it needs. This right, according to Art. 64 of the Constitution of Ukraine can not be restricted (paragraph 4 of the motive part of the decision).

A similar legal position is set forth in the Resolution of the Supreme Economic Court in the case No. 6-32389sk15 dated April 6, 2016. Yes, the right to legal assistance is guaranteed by Art. Art. 8, 59 of the Constitution of Ukraine, the official interpretation of which was provided by the Constitutional Court of Ukraine (Decision No. 13-rp / 2000 of November 16, 2000; Decision No. 23-rp / 2009 of September 30, 2009; Decision No. 6-rp / 2013). The costs associated with the payment of legal assistance to a lawyer or other lawyer are borne by the parties, except in the case of the provision of free legal aid. When collecting legal aid costs, it should be taken into account that a person has provided such assistance should be a lawyer or other specialist in the field of law, regardless of whether such a person participated in the case on the basis of a power of attorney or an appropriate contract (Articles 12, 42 , 56 GPK) (edited 01.08.2016). The amount of expenses for the payment of legal aid is determined by agreement between the party and the person, renders legal aid. The grounds, limits and procedure for the reimbursement of legal expenses for legal assistance provided in court by both a lawyer and another specialist in the field of law are regulated in clause 79 (2) 3), articles 84, 88, 89 of the Civil Code of Ukraine (edited 01.08.2016 .)

It should also be noted that the Convention for the Protection of Human Rights and Fundamental Freedoms, ratified by the Verkhovna Rada of Ukraine on July 17, 1997 (475/97-VR), provides for the right of an accused person to defend himself or through a counsel of his choice at his own discretion (Article 6). The International Covenant on Civil and Political Rights, dated December 16, 1966, ratified by the Decree of the Presidium of the Supreme Council of the Ukrainian PCP of October 19, 1973 N 2148-VIII (2148-08), states that the state must guarantee to everyone whose rights and freedoms are violated an effective remedy, and such a right should be established by the judicial or any other competent authority provided for by the legal system of the state (Article 2) and the possibility of free choice of the accused defendant (Article 14, paragraph 3). The "Principal Principles Regarding the Role of Lawyers" adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders from 27 August to 7 September 1990 provide that everyone has the right to seek legal assistance from any lawyer to protect and defend their rights and protect them against all stages of criminal proceedings (principle 1); no court or administrative authority recognizing the right to a lawyer refuses to recognize the rights of the lawyer to defend the interests of his client in court, except in those cases where the lawyer was denied the right to perform his professional duties in accordance with national law and practice and these principles (principle 19).

According to part 1 of Article 12 of the Code of Civil Procedure of Ukraine (ed. 01.08.2016), the person participating in the case has the right to legal assistance provided by lawyers or other specialists in the field of law in the manner prescribed by law.

A similar legal position is set forth in the resolution of the Plenum of the Supreme Specialized Court of Ukraine on the Review of Civil and Criminal Matters No. 10 of 10.15.2014 "On the Application by the Courts of Legislation on Judicial Expenses in Civil Matters" - when collecting legal aid costs, it should be taken into account that a person such Has provided assistance, should be a lawyer (Article 6 of the Law of Ukraine dated July 5, 2012 No. 5076-VI "On Advocacy and Advocacy") or another specialist in the field of law, regardless of whether such a person participated in the de

Based on the foregoing, one can conclude that the jurisprudence contains sufficient arguments in favor of lawyers who have the right to seek legal assistance from the defendant.