CEU Electronic Theses and Dissertations, 2010
| Author | Burmitskaya, Elena Yaroslavovna |
|---|---|
| Title | WORLD MODELS OF STATE-FUNDED LEGAL AID IN CRIMINAL CASES: WHAT CAN RUSSIA BORROW? |
| Summary | This thesis focuses on the question whether the best of the international experience in organisation of legal aid provision in criminal cases could and should be adopted in Russia. The international standards, in particular the ones, set forth in the ICCPR and ECHR, require that free legal assistance is provided to those, who cannot pay for it, when the interests of justice so require; the way states parties organise their legal aid system is left to their discretion, however, these arrangements should be able to ensure the possibility of practical and effective implementation of the right. The analysis of the advanced models of legal aid provision, such as exist in Canada, the UK, the USA and other countries helps to find the solutions that can be utilised to achieve this. The proposed amendments to the system mostly focus on amending organisational mechanisms of legal aid provision: this follows from the assumption, that every system of public services provision may be organised so that to not only meet the relevant public needs most effectively, but to provide safeguards against possible abuse of state power. The solutions selected for the reform target the specific problems in criminal justice system, including corruption, abuse of police power and human rights violations and suggest the relevant reforms: the system of ex-officio appointments to be revised; the effective scheme ensuring early access to legal assistance to be introduced, and other. The proposed model envisages establishing of the National Legal Aid Agency – an independent body specialised in legal aid provision, with responsibilities in such areas as budgeting; selection, contracting and support of prospective aid deliverers; quality control and other... |
| Supervisor | Ng, Gar Yein |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2010/burmitskaya_elena.pdf |
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