Victims' Rights in Ukraine: Access to Free Legal Aid Explained

Journalists often come across stories of injustice. Most of these stories are related to the fact that a person who suffered from a crime did not receive what he or she was entitled to, such as basic compensation for damage. Unfortunately, it often turns out that such a reader simply did not seek legal assistance in time. Who is a victim of a crime and in what cases such a person can count on free legal aid, experts of Free Legal Aid explained.

The procedure of criminal proceedings in Ukraine is determined only by the criminal procedural legislation of Ukraine. The criminal procedural legislation of Ukraine consists of the relevant provisions of the Constitution of Ukraine, international treaties ratified by the Verkhovna Rada of Ukraine, the Criminal Procedure Code of Ukraine (hereinafter - the CPC of Ukraine) and other laws of Ukraine.

Rights of the victim

Article 56 of the CPC of Ukraine defines the rights of the victim at various stages of criminal proceedings.

Throughout the criminal proceedings, the victim has the right to

• be informed of their rights and obligations under the Code;
• to know the nature of the suspicion and accusation, to be notified of the election, change or cancellation of measures to ensure criminal proceedings against the suspect or accused and the completion of the pre-trial investigation
• to submit evidence to the investigator, prosecutor, investigating judge, court;
• file challenges and motions;
• if there are appropriate grounds, to ensure the safety of themselves, close relatives or members of their family, property and housing;
• give explanations, testimony or refuse to give them;
• to appeal against decisions, actions or inaction of the investigator, prosecutor, investigating judge, court in the manner prescribed by the Code;
• have a representative and at any time during the criminal proceedings refuse his/her services;
• to give explanations and testimony in his/her native or other language, which he/she is fluent in, and to use the services of an interpreter free of charge at the expense of the state if he/she does not speak the state language or the language in which the criminal proceedings are conducted;
• to compensate for the damage caused by a criminal offense in the manner prescribed by law;
• to get acquainted with the materials directly related to the criminal offense committed against him/her in accordance with the procedure provided for by the Code, including after the opening of materials in accordance with Article 290 of the Code, as well as to get acquainted with the materials of criminal proceedings directly related to the criminal offense committed against him/her in case of closure of such proceedings;
• to use technical means in compliance with the requirements of the Code in the course of procedural actions in which he/she participates. The investigator, prosecutor, investigating judge, or court may prohibit the victim from using technical means during a separate procedural action or at a certain stage of criminal proceedings in order to prevent the disclosure of data containing a secret protected by law or relating to intimate aspects of a person's life, and a reasoned decision (ruling) is issued (made) on this;
• to receive copies of procedural documents and written notifications in cases stipulated by the CPC of Ukraine;
• exercise other rights provided for by the CPC of Ukraine (part one of Article 56 of the CPC of Ukraine).

During the pre-trial investigation, the victim has the right to

• to immediately accept and register a statement about a criminal offense and to be recognized as a victim;
• to receive a document confirming its acceptance and registration from the authorized body to which he or she filed the application;
• submit evidence to support his/her statement;
• participate in investigative (detective) and other procedural actions, during which he/she may ask questions, submit comments and objections regarding the procedure of the action, which shall be recorded in the protocol, as well as familiarize himself/herself with the protocols of investigative (detective) and other procedural actions performed with his/her participation;
• to receive copies of materials directly related to the criminal offense committed against him/her after the pre-trial investigation is completed (part two of Article 56 of the CPC of Ukraine).

During court proceedings in any instance, the victim has the right to

• be informed in advance of the time and place of the trial;
• participate in the court proceedings;
• participate in the direct examination of evidence;
• to support the prosecution in court in case the prosecutor refuses to support the state prosecution;
• to express their opinion when deciding on the sentencing of the accused, as well as to express their opinion when deciding on the application of compulsory medical or educational measures;
• to familiarize themselves with court decisions, the court session journal and the technical record of criminal proceedings in court;
• appeal against court decisions in the manner prescribed by the CPC of Ukraine (part three of Article 56 of the CPC of Ukraine).

Also, at all stages of criminal proceedings, the victim has the right to reconcile with the suspect or accused and enter into a reconciliation agreement. In the cases provided for by the Law of Ukraine on Criminal Liability and the CPC of Ukraine, reconciliation is the basis for closing criminal proceedings (part four of Article 56 of the CPC of Ukraine).

Why should a victim engage a lawyer?

• The lawyer will monitor the observance of the victim's rights
• Help to collect and properly record evidence
• Prepare and submit procedural documents
• Represent the interests of the victim in court and before other parties in the case

Who is entitled to free legal aid on all issues

The following categories of citizens are entitled to all types of legal services

• adults who are under the jurisdiction of Ukraine, if their average monthly income does not exceed two sizes of the subsistence minimum calculated and approved in accordance with the law for persons belonging to the main social and demographic groups of the population
• Persons with disabilities who receive a pension or state social assistance in the amount not exceeding two subsistence minimums for able-bodied persons;
• children;
• persons sentenced to life imprisonment, imprisonment for a fixed term, detention in a disciplinary battalion of military personnel or restriction of liberty;
• internally displaced persons;
• war veterans and family members of deceased war veterans, family members of deceased defenders of Ukraine, persons with special services to the Motherland;
• persons with special labor merits before the Motherland and persons who are among the victims of Nazi persecution.

Ігор Льов