The right of citizens to free legal aid in administrative proceedings

Abstract

In the article, from the point of view of the science of administrative law, an analysis of the state is carried out, the theoretical and legal foundations of free legal aid in administrative proceedings are investigated. Philosophical and worldview, general scientific and special methods were used in the article. The question of the meaning of the terms "legal aid", "free legal aid", "and representation" is considered. The views of scientists on the concept and essence of free legal aid analyzed. The legal nature of the term "legal aid" studied, and the presence of a conflict with the term "legal aid" was indicated. Its dynamics, complexity and breadth are noted, which is explained by the significant problems of providing free legal aid. The analysis of the conceptual apparatus makes it possible to note that legal aid is guaranteed by the state, is fully or partially provided at the expense of the State Budget of Ukraine, local budgets and other sources, is aimed at ensuring the realization of human and citizen rights and freedoms, the protection of these rights and freedoms, and their restoration in case of violation. The subjective right to free legal aid includes the state’s positive duty to provide, which gives the state discretionary powers to control the quality of aid. It indicated that the availability of legal aid guaranteed by the presence of a system of legal institutions capable of providing the population with affordable, comprehensive and high-quality legal aid. Ensuring the realization of the right to legal aid is a constitutional obligation of the state, and compliance by the state with the principles of providing free legal aid stipulated by international agreements. The only subjects of provision of free legal aid in the administrative proceedings of Ukraine are lawyers included in the register of lawyers. Other persons do not have the right to provide free legal assistance in administrative proceedings. Despite the fact that the right to free legal aid is not a new subject of research, the process of theoretical study continues. The right of citizens to free legal assistance in administrative proceedings requires further scientific research in legal and socially oriented aspects.