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Free legal aid

On March 15, 2013 the Regional law of 24.12.2012 No. 1017-ZS "About Free Legal Aid in the Rostov Region" came into force.

Who can receive free legal aid?

(Article 4 of the Regional law of 24.12.2012 No. 1017-ZS)

1) citizens whose average per capita income of families is lower 1.5 sizes of the living wage established in the Rostov region according to the legislation of the Russian Federation or living alone citizens whose income is lower than the size of a living wage;

2) disabled people of the I and II groups;

2.1) disabled people of the III group;

3) veterans of the Great Patriotic War, Heroes of the Russian Federation, Heroes of the Soviet Union, Heroes of Socialist Work, Heroes of Labour of the Russian Federation;

3.1) combat veterans in the territory of the USSR, in the territory of the Russian Federation and territories of other states;

3.2) the persons who worked in the back during the period from June 22, 1941 to May 9, 1945 not less than six months, excepting the work period in temporarily occupied territories of the USSR, or awarded awards or the medals of the USSR for dedicated work in the period of the Great Patriotic War;

3.3) veterans of work, veterans of work of the Rostov region;

3.4) the persons awarded with the breastplate "The honourable donor of Russia" and also who are constantly living in the territory of the Russian Federation the citizens of the Russian Federation awarded with the breastplate "The honourable donor of the USSR";

3.5) the rehabilitees, persons recognized as victims of political repressions;

3.6) the persons which are members of the large families having three and more children aged up to 18 years, and continuing training - up to 23 years;

3.7) the lonely mothers who are bringing up the child aged up to 18 years, and continuing training - up to 23 years;

3.8) the persons released from places of detention within two months from the date of release if they address for rendering free legal aid concerning employment;

3.9) the former minor prisoners of concentration camps, ghetto, other places of detention created by fascists and their allies during World War II;"

3.10) the pregnant women and women having children under three years if they address for rendering free legal aid on the questions connected with refusal of the employer in execution of an employment agreement, breaking the guarantees established by the Labor Code of the Russian Federation, reemployment, collecting earnings including during forced absence, compensation of the moral harm done by illegal actions (inaction) of the employer, appointment, recalculation and collecting maternity allowance, lump sum at the birth of the child, a monthly allowance on child care, establishment and contest of paternity, collecting alimony;";

4) disabled children, orphan children, children without parental support, persons from among orphan children and children without parental support, other categories of the children who are in a difficult life situation, provided by the Federal law of July 24, 1998 N 124-FZ "About the main guarantees of the rights of the child in the Russian Federation" and also their legal representatives and representatives if they address for rendering free legal aid on the questions connected with providing and protection of the rights and legitimate interests of such children;

4.1) the persons wishing to admit on education to the family of the child, without parental care if they address for rendering free legal aid on the questions connected with the child's device on education in family;

4.2) adoptive parents, if they address for rendering free legal aid on the questions connected with providing and protection of the rights and legitimate interests of the adopted children;

5) the citizens of advanced age and disabled people living in the organizations of social service providing social services in a stationary form;

6) the minors which are contained in institutions of a system of prevention of neglect and offenses of minors and the minors serving sentence in places of detention and also their legal representatives and representatives, if they address for rendering free legal aid on the questions connected with providing and protection of the rights and legitimate interests of such minors (except for the questions connected with rendering legal aid in criminal proceedings);

7) the citizens having the right for free legal aid according to the Law of the Russian Federation of July 2, 1992 No. 3185-I "About mental health services and guarantees of the rights of citizens at its rendering";

8) the citizens recognized by court incapacitated and also their legal representatives if they address for rendering free legal aid on the questions connected with providing and protection of the rights and legitimate interests of such citizens;

8.1) citizens injured with emergency situation:

a) the spouse (spouse) who was married (consisting) in registered with (dead) on the date of death (death) as a result of emergency situation;

b) children of the died (dead) as a result of emergency situation;

c) parents of the died (dead) as a result of emergency situation;

d) the persons which were on full keeping of the died (dead) as a result of emergency situation or receiving from it the help which was for them the constant and main source of means of livelihood and also the other persons recognized as dependents in the order established by the legislation of the Russian Federation;

e) citizens to whose health harm as a result of emergency situation is done;

e) the citizens who lost premises or lost in whole or in part other property or documents as a result of emergency situation;

9) citizens to whom the right to free legal aid within the state system of free legal aid is granted according to federal and regional laws.

The citizens specified in Paragraphs 2.1, 3.1-3.8 have the right to free legal aid within the state system of free legal aid if the average per capita income of their families (for living alone citizens - income) below the double size of the living wage established in the Rostov region according to the legislation of the Russian Federation.

What legal aid appears?

The lawyers who are participants of the state system of free legal aid render free legal aid in the form of legal consultation in an oral and written form, drawing up the statement, the complaint, the petition and other documents of legal character in cases:

1) the conclusions, changes, cancellation, recognition invalid transactions with real estate, the state registration of the rights for real estate and transactions with it (in case the apartment, a house or their parts are the only premises of the citizen and his family);

2) recognitions of the right for premises, granting premises under the contract of social hiring, the employment contract of the specialized premises intended for accommodation of orphan children and children without parental support, persons from among orphan children and children without parental support, cancellation and termination of the contract of social hiring of premises, eviction from premises (in case the apartment, a house or their parts are the only premises of the citizen and his family), cancellation and termination of the contract of hiring of the specialized premises intended for accommodation of orphan children and children without parental support, persons from among orphan children and children without parental support, eviction from the specified premises;

3) recognitions and maintaining the property right to the land plot, the rights of continuous (termless) use and also right of lifetime inheritable possession of the land plot (in case on the disputed land plot or its part there are a house or its part which are the only premises of the citizen and his family);

4) consumer protection (regarding providing utilities);

5) refusal of the employer in execution of an employment agreement breaking the guarantees established by the Labor Code of the Russian Federation, reemployments, collectings earnings including during forced absence, compensation of the moral harm done by illegal actions (inaction) of the employer;

6) recognitions of the citizen by the unemployed and establishments of a dole;

7) the indemnification caused by the death of the supporter, the mutilation or other damage of health connected with work or with emergency situation;

8) granting measures of social support, rendering to needy citizens state social assistance, granting subsidies for payment of premises and utilities;

9) appointments, recalculation and collecting insurance old-age pensions, disability pensions and on the occasion of loss of the supporter, temporary disability benefits, to pregnancy and childbirth, unemployment, in connection with a labor mutilation or occupational disease, a lump sum at the birth of the child, a monthly allowance on child care, a social benefit for burial;

10) establishment and contest of paternity (motherhood), collecting alimony;

10.1) establishments of adoption, guardianship or guardianship over orphan children and children without parental support, signing of the contract on implementation of guardianship or guardianship over such children;

10.2) protection of the rights and legitimate interests of orphan children and children without parental support, persons from among orphan children and children without parental support;

11) rehabilitations of citizens, victims of political repressions;

12) legal incapacities;

13) appeals of violations of the rights and freedoms of citizens when rendering mental health services;

14) medico-social examination and rehabilitation of disabled people;

15) appeals extrajudicially acts of public authorities, local governments and officials;

16) violations of the rights of citizens in the sphere of health protection, infliction of harm of life and (or) to health when rendering medical care to citizens;

17) appeal against decisions and actions of public authorities and their officials concerning citizenship of the Russian Federation, a dispute on nationality;

18) restoration of property rights, the personal non-property rights violated as a result of emergency situation, compensation of the damage caused owing to emergency situation.

Free legal aid within the state system of free legal aid appears lawyers to the citizens who asked for such help:

1) on the question having legal character;

2) on a question which did not receive before permission the court order which took legal effect accepted on a dispute between the same parties on the same subject and of the same bases:

a) decision (sentence) of court;

b) definition of court about termination of the proceedings in connection with acceptance of refusal of the claimant of the claim;

c) definition of court about termination of the proceedings in connection with the approval of the settlement agreement;

3) on a question on which is not available accepted on a dispute between the same parties, of the same subject and of the same bases the decision of the arbitration court which became obligatory for the parties except for cases if the court refused issue of the court order on compulsory execution of the decision of the arbitration court.

 

The lawyers who are participants of the state system of free legal aid help in the form of representation of interests in courts, the public and municipal authorities if citizens are:

1) claimants and defendants by consideration of affairs by vessels about:

a) cancellation, recognition invalid transactions with real estate, about the state registration of the rights for real estate and transactions with it and about refusal in the state registration of such rights (in case the apartment, a house or their parts are the only premises of the citizen and his family);

b) recognition of the right for premises, granting premises under the contract of social hiring, the employment contract of the specialized premises intended for accommodation of the orphan children and children without parental support including admitted on education to families, persons from among orphan children and children without parental support, cancellation and termination of the contract of social hiring of premises, eviction from premises (in case the apartment, a house or their parts are the only premises of the citizen and his family), cancellation and termination of the contract of hiring of the specialized premises intended for accommodation of orphan children and children without parental support, persons from among orphan children and children without parental support, eviction from the specified premises;

c) recognition and maintaining the property right to the land plot, rights of perpetual use and also the lifelong inherited possession of the land plot (in case on the disputed land plot or its part there are a house or its part which are the only premises of the citizen and his family);

2) claimants (applicants) by consideration of affairs by vessels:

a) about collecting alimony;

b) about compensation of the harm done by the death of the supporter, the mutilation or other damage of health connected with work or with emergency situation;

c) about establishment of adoption, guardianship or guardianship concerning orphan children and children without parental support, about signing of the contract on implementation of guardianship or guardianship over such children;

d) about providing measures of the state support to disabled children, orphan children, children without parental support, persons from among orphan children and children without parental support;

e) about granting measures of social support;

e) about appointment, recalculation and collecting insurance old-age pensions, disability pensions and on the occasion of loss of the supporter, temporary disability benefits, to pregnancy and childbirth, unemployment, in connection with a labor mutilation or occupational disease, a lump sum at the birth of the child, a monthly allowance on child care, a social benefit for burial;

g) about disability establishment, definition of extent of loss of professional working capacity;

3) citizens concerning whom the court considers the application for recognition by their incapacitated;

4) citizens, victims of political repressions, - on the questions connected with rehabilitation;

5) citizens concerning whom vessels consider cases of compulsory hospitalization in a psychiatric hospital or extension of term of compulsory hospitalization in a psychiatric hospital;

6) disabled people - concerning medico-social examination and rehabilitation of disabled people;

7) the citizens affected by emergency situation, - on the questions connected with restoration of property rights, the personal non-property rights violated as a result of emergency situation, compensation of the damage caused owing to emergency situation.

 

Besides:

if the citizen appeared in a difficult life situation, in case of emergency free legal aid will be rendered to him even if it does not belong to the categories of citizens stated above.

The difficult life situation is understood as a circumstance or circumstances which worsen conditions of activity of the citizen and which consequence he cannot independently overcome.

The emergency is understood as the case which resulted from incidents and circumstances, life-threatening and to health of citizens and demanding immediate rendering legal aid (accident, the fire, a natural hazard, accident, armed conflict, war, natural or other disaster which caused the human victims, damage to health, considerable material losses and violation of conditions of activity).

Information on questions of rendering free legal aid, including lists of the lawyers participating in the system of free legal aid in the territory of the Rostov region is posted also on the official site of Chamber of Advocates of the Rostov region in information and telecommunication network Interenet – www.advpalataro.ru

What else free legal aid can be received?

Free legal aid can be rendered to citizens by executive authorities of the Rostov region and institutions subordinated to them.

Executive authorities of the Rostov region and institutions subordinated to them render to citizens free legal aid in two main forms:

1. In the form of legal consultation in an oral and written form on the questions which are within their competence.

In this case the order established by the legislation of the Russian Federation for consideration of addresses of citizens works:

2. In the form of drawing up statements, complaints, petitions and other documents of legal character also represent the interests of citizens in courts, the public and municipal authorities, the organizations in the following cases:

consumer protection (regarding providing utilities);

refusal of the employer in execution of an employment agreement breaking the guarantees established by the Labor Code of the Russian Federation, reemployments, collectings earnings including during forced absence, compensation of the moral harm done by illegal actions (inaction) of the employer;

recognitions of the citizen by the unemployed and establishments of a dole;

the indemnification caused by the death of the supporter, the mutilation or other damage of health connected with work or with emergency situation;

granting measures of social support, rendering to needy citizens state social assistance, granting subsidies for payment of premises and utilities;

appointments, recalculation and collecting insurance old-age pensions, disability pensions and on the occasion of loss of the supporter, temporary disability benefits, to pregnancy and childbirth, unemployment, in connection with a labor mutilation or occupational disease, a lump sum at the birth of the child, a monthly allowance on child care, a social benefit for burial;

establishment and contest of paternity (motherhood), collecting alimony (regarding establishment and contest of paternity (motherhood).

medico-social examination and rehabilitation of disabled people;

In these cases the order established by Article 6 of the Regional law "About Free Legal Aid in the Rostov Region" works:

For receiving free legal aid the citizen or his representative presents to executive authority of the Rostov region or establishment subordinated to it:

1) written statement about rendering free legal aid;

2) passport or other identity document of the citizen of the Russian Federation;

3) the document confirming its reference to one of categories of the citizens provided by the Regional law;

4) if the documents which are available for the applicant and proving a being of a question to the application are necessary for rendering free legal aid the specified documents are enclosed;

5) in case of the address through the representative identity documents and powers of the representative are submitted.

The petition from the citizen about rendering free legal aid, is considered within 30 days from the date of registration of this statement.

Following the results of consideration of the application about rendering free legal aid in the form of drawing up statements, complaints, petitions and other documents of legal character to the applicant a written response with the application of the statement, the complaint, the petition or other document of the legal character made according to this statement is sent.

Free legal aid in the form of representation by employees of executive authority of the Rostov region or establishment of interests of the citizen subordinated to it in courts, the public and municipal authorities, the organizations appears according to the contract signed between the citizen or his representative and the head of executive authority of the Rostov region or the person authorized by it, the head of establishment subordinated to executive authority of the Rostov region.

On what questions do executive authorities render legal aid?

The state system of free legal aid in the territory of the Rostov region includes the executive authorities of the Rostov region rendering free legal aid on the following questions:

1. Ministry of Health of the Rostov region:

granting measures of social support, rendering to needy citizens the state social assistance in limits of the established competence;

medico-social examination and rehabilitation of disabled people.

2. Ministry of the general and professional education of the Rostov region:

granting measures of social support, granting subsidies for payment of premises and utilities within the established competence;

establishment and contest of paternity (motherhood);

the child's device on education in family;

providing and protection of the rights and legitimate interests of the adopted children.

3. Ministry of construction, architecture and territorial development of the Rostov region:

granting measures of social support in limits of the established competence.

4. Ministry of Labour and social development of the Rostov region:

granting measures of social support, rendering the state social assistance to needy citizens, granting subsidies for payment of premises and utilities within the established competence;

the refusal of the employer in execution of an employment agreement breaking the guarantees established by the Labor Code of the Russian Federation, reemployment, collecting earnings including during forced absence, compensation of the moral harm done by illegal actions (inaction) of the employer;

appointment, recalculation and collecting work old-age pensions, disability pensions and on the occasion of loss of the supporter, temporary disability benefits, to pregnancy and childbirth, unemployment, in connection with a labor mutilation or occupational disease, a lump sum at the birth of the child, a monthly allowance on child care, a social benefit for burial;

compensation of the harm done by the death of the supporter, the mutilation or other damage of health connected with work.

5. Management of public service of employment of the population of the Rostov region:

recognition of the citizen by the unemployed and establishment of a dole.

6. State housing inspectorate of the Rostov region:

consumer protection (regarding providing utilities).

Regulations:

Federal law of 21.11.2011 No. 324-FZ "About Free Legal Aid in the Russian Federation";

Regional law of 24.12.2012 No. 1017-ZS "About Free Legal Aid in the Rostov Region";

Decree of the Government of the Rostov region of 30.01.2013 No. 37 "About Measures for Implementation of the Federal Law of 21.11.2011 No. 324-FZ"

 

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