ECtHR has found structural problems in the legal aid system of Ukraine

20.12.2011

In the case Maksimenko v. Ukraine, the applicant was convicted of premeditated murder by a judgment upheld by the Supreme Court in February 2007. He complained that he was not given free legal assistance during the proceedings before the Supreme Court.

The Court held that, being at risk of life imprisonment, the applicant "beyond question ... required legal assistance". The Court also noted that "more broadly ... this limitation of his defence rights resulted from the absence of any procedures for appointing free legal representation at that stage of the proceedings where it was not deemed mandatory any longer under the Code of Criminal Procedure".

The text of the ECtHR judgment can be found here

 

 

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