Topical issues of improving the provision of free primary legal assistance to members of a territorial community by local governments of Ukraine

Abstract

The purpose of this article is to study topical issues of improving the provision of free primary legal assistance by local governmentsof Ukraine to members of a territorial community.
 It has been proved that the provision of free primary legal aid by local self-government bodies to residents – members of a territorialcommunity is a fairly new competence of this level of public authorities – and, given its particular importance in protectinghuman and civil rights and freedoms, which is carried out in the local system of such protection human rights at the level of a local territorialcommunity, which is created by the local self-government bodies themselves, objectively requires its improvement, as well asfurther organizational, organizational and legal support and support.It is argued that the reasons for the objectification, actualization and contextualization of the provision of free primary legal aidby local governments are a number of factors of an objective and subjective nature, which are manifested in the process of organizingsuch work, which include: a) the formation and development of the system of local self-government in the state European standard;b) the peculiarities of the official recognition and legalization of the distribution of interests between the two levels of public power –public state power and public self-governing (municipal) power, as well as their embodiment in legislative drafting and lawmaking;c) conflictogenic motives inherent in the emergence of a new management paradigm – the competence of the local self-governmentbodies themselves, the presence of which was not recognized for a long time in the doctrine of national administrative law; d) the pre -sence in the administrative discourse in the sphere of exercising public power of the state – especially in the drafting of norms (legislation)and rulemaking (legislation) of a false methodological position regarding the deliberate duplication of powers of local governmentbodies of different levels, local government bodies and executive bodies; e) the right of local governments to the priority provisionof free primary legal aid, which follows from the systemic interpretation of Art. 3 of the profile Law of Ukraine “On Free Legal Aid”of 2011, according to which such a right is guaranteed by the Constitution of Ukraine the possibility of individuals with different legalstatus – a citizen of Ukraine, a foreigner, a stateless person, including a refugee or a person in need of additional protection, to receivefree primary legal assistance in full, as well as the possibility of a certain category of persons to receive free secondary legal assistancein the cases provided for by this Law.