Analysis of the Draft Law:
Essence of the Draft Law
The draft law provides for Ukraine’s accession to the Convention on International Access to Justice, concluded in 1980 in The Hague. This decision is aimed at facilitating citizens’ access to justice at the international level by providing free legal assistance.
Structure of the Draft Law
The draft law consists of a main part that establishes Ukraine’s accession to the Convention and a list of statements and reservations regarding its implementation. The main provisions include defining the central authority responsible for performing functions provided by the Convention, as well as clarifying the language of documents and provisions on reciprocity with other states.
Main Provisions of the Draft Law
- The Ministry of Justice of Ukraine is designated as the central authority for receiving requests for free legal assistance.
- Documents must be drawn up or accompanied by a translation into Ukrainian, which complicates the acceptance of documents in English or French.
- The application of the Convention is limited in cases of lack of reciprocity with other Contracting States, which may affect persons permanently residing in these states.
- Ukraine reserves the right not to apply certain provisions of the Convention to citizens of states that have made corresponding reservations.
This draft law is important for legislators as it defines the mechanism of international legal cooperation. Experts and businesses may be interested in facilitating citizens’ legal access, and for citizens, this means improving opportunities to protect their rights at the international level.
Analysis of the Explanatory Note:
Essence of the Draft Law
The draft law provides for Ukraine’s accession to the Convention on International Access to Justice, aimed at ensuring free legal assistance for Ukrainian citizens in other Convention member states. This will allow Ukrainian citizens to receive legal assistance on equal terms with citizens of these states.
Reasons and Necessity for Adopting the Draft Law
The authors of the explanatory note emphasize that accession to the Convention creates legal grounds for providing free legal assistance to Ukrainian citizens abroad. This is an important step in improving cooperation with other Convention member states and ensuring citizens’ rights at the international level.
Main Consequences of the Draft Law
Ukraine’s accession to the Convention will allow Ukrainian citizens to receive free legal assistance in civil and commercial matters in any Convention member state. This will also simplify access to justice for foreign citizens in Ukraine. Legislators, experts, and citizens can expect improved legal cooperation with other Convention member states and the creation of a legal basis for more effective protection of Ukrainian citizens’ rights abroad. At the same time, the implementation of the draft law will not require additional expenditures from the state budget of Ukraine.
Analysis of Other Documents:
The Draft Law of Ukraine “On Ukraine’s Accession to the Convention on International Access to Justice” has received support from a wide range of state bodies, including the Ministry of Foreign Affairs, Ministry of Economy, Ministry of Justice, and other key institutions such as the Supreme Court and the Ukrainian Parliament Commissioner for Human Rights. This indicates significant support and interest in acceding to the Convention.
The main provisions of this document are important for a wide range of stakeholders. First, accession to the Convention will facilitate access to justice at the international level for Ukrainian citizens and foreign residents, which is an important step towards Ukraine’s integration into the international legal community. Second, this may contribute to improving human rights standards in Ukraine and strengthening trust in the Ukrainian legal system from foreign investors. Finally, this decision corresponds to the strategy of European and Euro-Atlantic integration of Ukraine, as evidenced by the participation of the Vice Prime Minister for European and Euro-Atlantic Integration of Ukraine in this process.
