The draft law "On Free Legal Aid" was submitted for discussion at today's session of Azerbaijan's Milli Majlis, APA reports.
The draft law consists of 5 chapters and 14 articles and will determine the organizational, legal and economic foundations of free legal aid provided to persons entitled to receive it in the Republic of Azerbaijan, with the aim of protecting human and civil rights and freedoms, as well as their legitimate interests, and ensuring that these persons receive quality legal assistance.
Primary legal aid includes providing information on the normative legal acts of the Republic of Azerbaijan, the rights and obligations of state bodies (institutions), municipalities, individuals and legal entities, the exercise of rights and methods of legal protection through extrajudicial and judicial procedures, assistance in preparing applications, complaints and other documents, as well as other forms of assistance that do not fall within the definition of professional legal aid.
Professional legal aid includes the defense of suspects or accused persons in criminal cases, as well as the representation of individuals recognized as victims, the provision of legal assistance to private prosecutors, children who are victims of sexual exploitation or sexual violence, persons affected by domestic violence, victims of human trafficking and persons detained under administrative procedures, the defense of individuals against whom administrative offense proceedings are conducted, as well as the representation of individuals who are victims in administrative offense cases, the representation of persons in court in civil cases and administrative disputes, as well as the representation of individual applicants who have filed complaints regarding violations of their rights and freedoms before the Constitutional Court of the Republic of Azerbaijan and other state bodies (institutions), and the provision of legal assistance to these persons in connection with the above matters.
This Law does not apply to activities related to the protection of citizens' rights in international organizations and their representative offices, as well as in diplomatic missions and consulates of the Republic of Azerbaijan.
Unless otherwise provided by law, free legal aid will be financed through funds allocated to the Bar Association from the state budget for this purpose.
Persons entitled to receive professional legal aid are as follows:
- Low-income persons who need legal assistance but do not have sufficient funds to pay service fees and other expenses (whose financial circumstances and average monthly income are below the subsistence minimum for the current year);
- Members of families receiving targeted state social assistance;
- Unemployed persons with disabilities;
- Persons registered as unemployed with the body (institution) designated by the relevant executive authority;
- Other persons in need of legal assistance;
- Members of families of martyrs;
- War veterans;
- Victims of human trafficking and persons affected by domestic violence;
- Persons reporting corruption-related offenses in accordance with the Law "On Encouragement and Protection of Persons Reporting Corruption-Related Offenses";
- Minors;
- Persons granted refugee status and persons granted political asylum by the Republic of Azerbaijan;
- Children deprived of parental care and persons from among children deprived of parental care;
- Persons released from penitentiary institutions (for a period of 1 (one) year from the date of release);
- Persons under probation supervision.
If these persons lose their right to receive free legal aid, the provision of free legal aid in the case for which they have applied will not be discontinued.
Free legal aid will be organized by the Presidium of the Bar Association.
The draft law was put to a vote and adopted in the first reading.
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