GENERAL LEGAL, ORGANIZATIONAL-ADMINISTRATIVE AND QUALITATIVE ASPECTS OF THE RIGHT TO FREE LEGAL AID IN THE CONTEXT OF THE CASE LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS

Abstract

In this article authors examine the right of a person to free legal aid, which is guaranteed by a number of international documents and national legislation. The decisions of the European Court of Human Rights, which provide a comprehensive interpretation of the right to free legal aid, are analyzed and state violations, committed by the states and divide them into three groups: those that regulate common law aspects, organizational-administrative and qualitative. It is proved that the application of the case law of the European Court of Human Rights prevents numerous mistakes in the organization of free legal aid. It is determined that the general legal aspects of the right to free legal aid concern the circle of persons who have the right to receive it due to financial situation or if required by the interests of justice, as well as the types of proceedings and courts to which this right applies. The main organizational and administrative requirements formed in the case law of the European Court of Human Rights on the provision of free legal aid are: firstly, the availability of legal aid and the opportunity to receive it free of charge; secondly, the obligation to inform citizens about the right to legal aid; thirdly, providing an opportunity to challenge the refusal to provide free legal aid. It is determined that the aspect of the quality of free legal aid in the case law of the European Court of Human Rights is revealed through the concepts of “practicality”, “effectiveness” and “efficiency”. State intervention in the “client-lawyer” relationship is possible in cases where the advocate clearly ignores the interests of the person he represents, the untimeliness of such assistance and the violation of other formal requirements.