The draft law “On Free Legal Aid” was submitted for discussion at today’s meeting of the Milli Majlis Committee on Legal Policy and State Building, 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 benefit from free legal aid in the Republic of Azerbaijan in order to protect human and civil rights and freedoms, as well as their legitimate interests, and to provide such persons with high-quality legal aid.
This Law does not apply to work related to the protection of citizens’ rights in international organizations, their representative offices, as well as diplomatic missions and consulates of the Republic of Azerbaijan.
Unless otherwise provided by law, free legal aid will be provided at the expense of funds allocated from the state budget to the Bar Association for this purpose.
Persons entitled to receive professional legal aid are as follows:
- low-income persons who need legal aid but do not have sufficient funds to pay service fees and other expenses for the assistance provided (whose financial situation 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 aid;
- members of families of martyrs;
- war veterans;
- victims of human trafficking and persons affected by domestic violence;
- persons who report corruption-related offenses in accordance with the Law “On Encouragement and Protection of Persons Reporting Corruption-Related Offenses”;
- minors;
- persons who have received refugee status and persons granted political asylum by the Republic of Azerbaijan;
- persons 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 their release from the penitentiary institution);
- 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 applied will not be discontinued.
If the requirement related to “pro bono” legal services is not complied with, lawyers will pay 18 (eighteen) manats to the Bar Association for each hour of “pro bono” legal services not provided. Unjustified refusal to provide free legal aid is prohibited.
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