You have the right to hire a lawyer of your own choosing to represent you in administrative offences proceedings. There is no automatic right to a state-paid lawyer in this process.
The right to a lawyer
You have the right to hire a lawyer at any stage of the administrative offences proceedings. This means that you can already choose a lawyer for the proceedings with the state institution.
Your lawyer can be present at any time that your presence is required at the proceedings.
State-paid lawyer
The state must guarantee your right to a fair trial. Therefore, the state should only provide you with a lawyer if:
- you cannot afford one, and
- if a fair hearing cannot be ensured without legal aid.
In such cases human rights demand that you should be given a free lawyer to ensure that you are not put in a worse situation than your opponent and so that you can effectively defend yourself. Otherwise, this may result in a violation of your right to a fair trial.
example You will be entitled to a lawyer if your case is so complex that you cannot participate in the trial meaningfully and understand what is happening in your case without the help of a lawyer.
Ukrainian law
Ukrainian law provides for a free lawyer in the administrative offences procedure if the person is subject to administrative detention or administrative arrest. Legal aid can also be provided to representatives of many vulnerable social groups. In any case, if you cannot afford an attorney in your case, you should request that a representative be assigned to you and that this be noted in the administrative record.
How to complain
If you genuinely cannot afford a lawyer and you cannot understand and participate in the trial because it is legally too complex, in all instances you should still ask the court to provide you with a free lawyer. Even if the court refuses, later you will be able to complain about a potential violation of your rights in other national or international human rights institutions.