Тел: 8(0462) 675-281
PUBLIC HUMAN RIGHTS CENTER
2. Provision of legal aid
The majority of people contact the public reception directly on reception days (every Mon., Tue.,
Wed.,
Thu. from 2:00 p.m. to 5:00 p.m.). Consultations are provided in the majority – orally, but there are also cases of written consultations (namely for applicants who apply in writing). The majority of people who contact the reception are better able to perceive the information that lawyers explain to them. This is due, in our opinion, to people’s insufficient legal awareness, the lack of a culture of perceiving legal documents.
For many years, the information and reference service of “Ukrtelecom” in Chernihiv (tel. 109) has been providing the phone number of the public reception of the ChGKZPL to everyone who applies for free legal assistance.
A separate area of activity of the public reception of the ChGKZPL is the provision of legal assistance outside the reception.
As part of the activities of the Public Council for Human Rights at the Department of the Ministry of Internal Affairs of Ukraine in Chernihiv region, the lawyers of the reception participate in receptions and consultations of citizens, including together with the Assistant Minister of Internal Affairs for Human Rights in Chernihiv region, both on the basis of the regional police department and during field receptions in the premises of the regional police departments of the region.
A separate area of activity of the public reception of the ChGKZPL is the provision of legal assistance to foreigners during field receptions at the Point of Temporary Stay of Foreigners and Stateless Persons Illegally Staying in Ukraine, in the village of Rozsudiv, Ripky District, Chernihiv Region. These field receptions almost always consider issues related to the rights of foreigners to obtain refugee status or to resolve the issue of voluntary return to their homeland.
Since 2006, the ChGKZPL website has been operating –
. The website provides for the possibility of communicating with readers. In 2009, 12 (about
2
%) people received legal advice via the Internet and e-mail. The relatively small percentage of such appeals is explained by the fact that access to the Internet is usually provided by young wealthy people living in cities. Most often, consultations on housing, civil, social security law and criminal law are provided in electronic form.
31 (4%) appeals were received by the reception office in writing. These are letters from citizens from settlements remote from the regional center who learned about the work of the public reception office from the media.
Approximately 14.7% of people who apply to the public reception office learn about its work from acquaintances. 5.2% of people learned about the work from employees of state bodies and other organizations, in particular, employees of court offices are sent for assistance in drawing up procedural documents for low-income citizens. Also, information about the work of the reception office began to be actively disseminated in local government bodies. As before, citizens learn most about the public reception office from the media and in places where advertisements are placed (about 62% in total).
Considering the fact that the public reception office has been operating continuously since 2002 and has helped a large number of people in 8 years, the work of the reception office does not require active advertising.
The public reception office of the ChGKZPL in providing legal assistance is not limited to consulting. During 2009, 162 people (19.58%) were provided with assistance in preparing procedural documents. This is also explained by the fact that many people applied with similar problems, for example: termination of a deposit agreement and collection of the amount of the contribution from credit unions, non-enforcement of court decisions in a civil case. The lawyers of the reception office have developed and distributed among visitors standard samples of applications and statements of claim, which were provided directly to visitors.
Unfortunately, due to the increase in the number of applications to the reception office, the lawyers are not able to provide representation to all clients of the reception office in state bodies, and have represented the interests of 46 people in court, primarily victims of human rights violations by the authorities.
In order to involve more people in providing consultations, ensure the possibility of legal support in instances and protect the interests of visitors, the public reception office of the ChGKZPL has established cooperation with the legal clinic «
Bona
Mente
». In addition, the Chernihiv Public Committee for the Protection of Human Rights cooperates with other public reception centers and organizations of the Chernihiv region, human rights defenders from other regions of Ukraine.
According to the members of the Chernihiv Public Committee for the Protection of Human Rights, the provision of both primary and secondary legal aid contributes to raising the legal awareness of the population. In Ukraine, legal services are inaccessible to most people (both due to their high cost and the lack of quality legal aid). Therefore, we consider it equally important to engage in both consulting (dissemination of legal knowledge) and protecting the legitimate rights and interests of people, because only a comprehensive approach to the problem can ensure its solution.
3. Category of applications
By category, during 2009, the reception desk was mainly addressed by pensioners – 284 people (38.35% of the total number of applications), disabled people – 87 (11.74%), unemployed – 204 (27.53%), refugees and asylum seekers – 104 (14%) and other low-income and socially vulnerable persons who need legal assistance and do not have the financial opportunity to contact lawyers or law firms. This situation in 2009 did not change in general compared to previous years and is explained primarily by the social focus of the public reception desk.
4. Problems with which people contact the public reception desk
In general, the issues with which people contact the reception desk have remained the same as before.
These are issues of protecting property rights (including removing obstacles to the use of property, inheritance of property);
– administrative law (in addition to cases under the Code of Administrative Offenses, cases considered in accordance with the Code of Administrative Offenses, in particular regarding asylum seekers and refugees, have also been added);
– social rights – violations of pension and social legislation (incorrect calculation of pensions, failure to provide social assistance);
The number of applications on criminal, housing law and protection of labor rights (illegal dismissal from work, non-payment of wages, etc.) has increased.
A new area of work for the reception desk is the protection of patients’ rights, medical law.
The unresolved problems are due to the deepening economic crisis, which led to a reduction in production, a decrease in profits, mass layoffs, and the bankruptcy of many organizations. Political instability in the state was reflected, first of all, on socially unprotected citizens. The number of complaints about non-enforcement of court decisions has increased. First of all, due to non-enforcement of court decisions on the collection of deposits in credit unions.
The “traditional” problems associated with the delay of legal proceedings also remained. Judicial red tape is caused by the heavy workload of judges, deliberate delaying of the process by the parties, the lack of effective control over the terms of consideration of cases. Unfortunately, today there is no real control mechanism, except for an appeal to the European Court of Human Rights.
Reference information
The public reception of the Chernihiv Public Committee for the Protection of Human Rights is located at: st. Gorkogo 57/1, Chernihiv, 14000. Tel.: (0462) 625
–
381, fax: (0462) 675
–
281, E-mail:
.
The initial reception is held on Mon., Tue.,
Wed.,
Thu.
from 2:00 p.m. to 5:00 p.m. Reception is by appointment.