LEGAL FRAMEWORK FOR FREE LEGAL AID IN UKRAINE

Abstract

The article describes the content of regulations governing public relations in the field of provision of free legal aid depending on the level of their legal force. The author pays direct attention to the theoretical foundations of the concept of "legal regulation" and "mechanism of legal regulation". It is established that the legal basis for free legal aid in Ukraine is the Constitution of Ukraine, international treaties of Ukraine, laws of Ukraine, by-laws and departmental (interdepartmental) regulations. Also, the characterization of the legal framework for the provision of free legal aid is carried out by identifying its key features, namely: legal regulation of provision of free legal aid is carried out in three directions, ie general, sectoral and special;  international legal acts in the field of the provision of free legal aid can be divided into general and concretized-contractual (bilateral international agreements);  depending on the stages of formation of the free legal aid system normative-legal acts of the by-law level of legal regulation of provision of free legal aid 1) served as a normative-legal precondition of formation of legislative bases of provision of FLA; 2) ensured the formation of the FLA system by organizational and legal ways; 3) by specifying the provisions of the laws, created a mechanism for managing the FLA system and currently ensure its functioning; currently formation of the by-law level of legal regulation is provided solely by the Cabinet of Ministers of Ukraine; departmental legal regulation of FLA is characterized by dualism, which boils down to the specifics of subjective support for the formation of departmental norms, namely, the Ministry of Justice of Ukraine or the Coordination Center for Legal Aid Provision; memoranda of cooperation concluded between the Ministry of Justice of Ukraine or the Coordination Center for Legal Aid Provision and other bodies of the executive branch of power are legal acts of interdepartmental significance; administrative and legal regulation of the provision of free legal aid is also characterized by dualism, as it is carried out in two directions, including an organizational and legal and administrative and procedural ones;  the legal framework for the provision of FLA serves as a basis for defining and characterizing the content of this category as a right and guarantee for the implementation of other constitutional human and civil rights.