The right to protection: how the free legal aid system works in Ukraine

Free legal aid is a mechanism of protection guaranteed by law, which Ukrainians turn to in situations where solving a problem on their own is impossible or legal costs exceed a person’s financial capabilities. In peacetime, this applies to alimony cases, labor disputes, denial of payments or disputes with government agencies. During the war, the range of issues is much wider: mobilization disputes, status of combatants, loss of documents, forced eviction, conflicts related to divorce or child custody, criminal prosecutions, interaction with law enforcement agencies. Despite the fact that the system of legal aid in Ukraine has been operating for a long time, there are still many misunderstandings in society about its limits, content and real effectiveness. Some people do not know about their right to protection at the expense of the state, others do not trust the quality of such assistance. There are cases when a person is refused a lawyer without a clear justification, or the case is considered without his participation, because he did not know that he had the right to a representative.

The editors of IA “FACT” turned to the lawyers of the “Repeshko and Partners” Bar Association to find out how the system of free legal aid works in practice, what cases it covers, where difficulties arise and what a person who cannot pay for a lawyer on his own is entitled to.

Although the system of free legal aid has been in operation for more than ten years, ordinary citizens are not very aware of its existence or how to use it in general. In turn, our colleagues who work in the system of free legal aid talked about one woman who used the system of free legal aid three times in the last years in court proceedings, arriving in a cool Lexus and expensively dressed, but presented a certificate that she was a low-income person, and therefore had a full legal right to provide her with a free lawyer.

It should be noted that currently in Ukraine, the system of free legal aid is a state guarantee for the protection of the rights and freedoms of citizens, as well as their access to justice. Moreover, the system of free assistance is two-level. Free initial legal assistance includes the following types of legal services:

• provision of legal information;
• provision of consultations and clarifications on legal issues;
• drawing up statements, complaints and other legal documents (except procedural documents);

Persons who provide initial free legal assistance are:

1) bodies of executive power;

2) local self-government bodies;

3) centers for providing free legal aid;

4) specialized institutions for the provision of free primary legal aid, established by local self-government bodies taking into account the needs of the territorial community;

5) legal entities of private law, which have the right to provide legal assistance, involved by local self-government bodies in accordance with the procedure established by law;

6) lawyers and other specialists in the relevant field of law, engaged by local self-government bodies in accordance with the procedure established by law.

Usually, you can get help from the entities specified in points 1-3, and this help is advisory in nature. At the same time, applications for the provision of one of the types of legal services are sent or submitted by persons who have reached the age of majority, directly to central and local executive bodies, territorial bodies of central executive bodies and local self-government bodies in accordance with their competence.

At the same time, appeals concerning children are sent or submitted by them personally or by their legal representatives, foster carers. Appeals concerning persons recognized by the court as incompetent or whose legal capacity is limited by the court are sent or submitted by them personally, their guardians or custodians. At the same time, persons who have been recognized by the court to be incompetent or whose legal capacity is limited may apply for free primary legal assistance in person only in respect of matters for which they are allowed to appeal to the court.

It should be taken into account that executive power bodies and local self-government bodies, in the event of a written request from individuals to provide any type of legal services on issues within their jurisdiction, are required to provide such services within 30 calendar days from the date of receipt of the request. If the person’s application contains only a request for the provision of relevant legal information, such legal assistance is provided no later than fifteen days from the date of receipt of the application.

However, executive power bodies and local self-government bodies are prohibited from setting a fee for providing any type of legal services and for issuing to individuals application forms, appeals, requests, certificates, and other documents, the submission of which is provided for by legislation for the realization of human and citizen rights and freedoms. If the issues raised in the appeal do not belong to the competence of the executive power body or the local self-government body to which the person’s appeal was received, such body must send this appeal to the relevant body within five calendar days and notify the person who submitted the appeal.

Bodies of executive power and bodies of local self-government are obliged to conduct a personal reception of persons who need free primary legal assistance on issues that belong to the competence of the relevant body of executive power or body of local self-government. Reception of persons in need of free primary legal assistance is always held on the established days and hours. The schedule of reception of persons should be brought to their attention.

Applications for the provision of one of the types of legal services are also submitted orally or in writing to the center for the provision of free legal assistance. They are explained orally by a person during a visit to a free legal aid center or by means of telephone communication through designated contact phone numbers, other technical means of electronic communications or a single contact phone number of the free legal aid system.

At the same time, free secondary legal aid is a type of state guarantee, which consists in creating equal opportunities for people to access justice. That is, it is the provision by the state of the participation of a free lawyer in the legal process. This type of assistance includes the following types of legal services:

• protection;
• representation of the interests of persons entitled to free secondary legal assistance in courts, other state bodies, local self-government bodies, before other persons;
• drawing up procedural documents.

It is this category of legal aid that is usually the most expensive, but only some categories of natural persons have the right to free secondary legal aid, and not all types, namely:

• adults who are under the jurisdiction of Ukraine, if their average monthly income, calculated in accordance with methods, approved by the Ministry of Justice of Ukraine, does not exceed two amounts of the subsistence minimum (as of 2025, it is UAH 3,028), calculated and approved in accordance with the law for persons belonging to the main social and demographic groups of the population, as well as persons with disabilities who receive a pension or state social assistance in accordance with the laws of Ukraine“On state social assistance to persons with disabilities from childhood and children with disabilities” and “On state social assistance to persons who do not have the right to a pension and persons with disabilities”, in an amount that does not exceed two subsistence minimums for an able-bodied person (as of 2025, this is UAH 3,028), – for all types of legal services;
• children – for all types of legal services;
• persons subject to administrative detention – for legal services provided for points 1 and 3;
• persons subject to administrative arrest – for legal services provided for points 1 and 3;
• persons who according to the regulations Criminal Procedure Code of Ukraine are considered detained, – for legal services provided points 1 and 3 parts, as well as for legal services, are provided for point 2, in the event that such persons are applicants, recognized as victims or witnesses in other criminal proceedings, due to the illegality of such detention, in case of violation of the detained person’s rights, use of violence, torture, other cruel, inhuman or degrading treatment during detention, until the completion of the relevant proceedings;
• persons in respect of whom preventive measures in the form of detention have been chosen – for legal services provided for points 1 and 3, as well as legal services provided for point 2, in the event of violence, torture, other cruel, inhuman or degrading treatment being applied to such persons while in custody;
• persons in criminal proceedings against whom in accordance with the provisions Criminal Procedure Code of Ukraine a defense attorney is engaged to perform the defense as assigned, – for legal services provided points 1 and 3, as well as legal services provided for point 2 in case of violence, torture, other cruel, inhuman or degrading treatment to such persons;
• persons in criminal proceedings against whom in accordance with the provisions Criminal Procedure Code of Ukraine a defense attorney is engaged to conduct a separate procedural action, – for legal services provided points 1 and 3;
• persons sentenced to punishment in the form of life imprisonment, imprisonment for a certain period, detention in a disciplinary battalion of military personnel or restriction of freedom, – for all types of legal services;
• persons to whom the action applies Law of Ukraine“On refugees and persons in need of additional or temporary protection” – legal services are provided points 2 and 3 from the moment a person submits an application for recognition as a refugee or a person in need of additional or temporary protection in Ukraine, until the final decision on the application is made;
• foreigners and stateless persons detained for the purpose of identification and ensuring forced deportation – for legal services provided points 2 and 3 from the moment of detention;
• persons who applied for recognition as a stateless person – for legal services provided points 2 and 3  from the day a person submits an application for recognition as a stateless person until the final decision on the application is made, as well as during the appeal of a refusal to recognize a stateless person, obtaining an immigration permit, issuing a temporary or permanent residence permit;
• persons who do not have documents certifying identity and confirming citizenship of Ukraine – for legal services provided for points 2 and 3  on issues of establishing in a court of law facts of legal significance related to the registration and issuance of such documents;
• internally displaced persons – for all types of legal services;
• persons who applied for registration as internally displaced persons – for legal services provided for points 2 and 3  on matters related to the appeal of the decision on refusal to receive a certificate on the registration of an internally displaced person, until the moment of receipt of the specified certificate or on matters related to the establishment of facts that have legal significance regarding such persons;
• citizens of Ukraine who live in the temporarily occupied territory or in the territory of territorial communities located in the area of military (combat) operations or who are under temporary occupation, encirclement (blockade), – for legal services provided for points 2 and 3  on issues related to the protection of violated, unrecognized or disputed rights, freedoms or interests of natural persons (including compensation for damage caused as a result of restrictions on the exercise of the right to own real property or its destruction, damage) in connection with the armed aggression of the Russian Federation and the temporary occupation of the territory of Ukraine;
• war veterans and family members of deceased (deceased) war veterans, family members of deceased (deceased) Defenders of Ukraine, persons who have special merits to the Motherland – for all types of legal services;
• persons who are under the jurisdiction of Ukraine and have applied for the status of a person to whom the action applies Law of Ukraine “On the status of war veterans, guarantees of their social protection”, – legal services are provided points 2 and 3  on issues related to obtaining such a status;
• persons who have special labor merits for the Motherland, and persons who are among the victims of Nazi persecution – for all types of legal services;
• persons rehabilitated in accordance with the legislation of Ukraine – for legal services provided points 2 and 3  on issues related to rehabilitation;
• victims of human trafficking – for legal services provided points 2 and 3 on issues related to the protection of their rights, defined Law of Ukraine “On Combating Human Trafficking”;
• persons who have suffered from domestic violence or gender-based violence – for legal services provided points 2 and 3  on issues related to the protection of their rights defined by the laws of Ukraine “On preventing and combating domestic violence” and “On ensuring equal rights and opportunities for women and men”;
• victims of criminal offenses against sexual freedom and sexual integrity, torture or ill-treatment during hostilities or armed conflict – for legal services provided points 2 and 3  in criminal proceedings initiated upon the commission of such criminal offences;
• persons in respect of whom the court is considering cases of limitation of the civil capacity of a natural person, recognition of a natural person as incapacitated; renewal of the civil legal capacity of incapacitated natural persons and natural persons whose civil legal capacity is limited, exemption from the powers of the guardians or custodians of such persons, – for legal services provided for points 2 and 3  during the consideration of the case in court;
• persons in respect of whom the court is considering cases of provision of compulsory psychiatric care or compulsory hospitalization in an anti-tuberculosis institution – for legal services provided for points 2 and 3  during the consideration of the case in court;
• whistleblowers in connection with their notification of information about a corruption or corruption-related offense – for all types of legal services, on issues related to the protection of their rights in connection with such a notification;
• persons in respect of whom according to Law of Ukraine “On the social and legal protection of persons who have been deprived of their personal freedom as a result of armed aggression against Ukraine, and members of their families” who have been deprived of their personal freedom as a result of armed aggression against Ukraine, – for all types of legal services during the deprivation of personal freedom and after release in connection with the protection of rights and legitimate interests violated due to the deprivation of personal freedom as a result of armed aggression against Ukraine;
• close relatives and family members of a person missing under special circumstances – for legal services provided points 2 and 3  on issues related to the protection of their rights or interests and/or the rights or interests of a missing person under special circumstances defined Law of Ukraine “On the legal status of persons missing under special circumstances”;
• citizens of Ukraine who applied to establish in a court of law facts of legal significance related to the restoration of lost documents necessary for receiving compensation in accordance with Law of Ukraine “On compensation for damage and destruction of certain categories of immovable property as a result of hostilities, acts of terrorism, sabotage caused by the armed aggression of the Russian Federation against Ukraine, and the State Register of property damaged and destroyed as a result of hostilities, acts of terrorism, sabotage caused by the armed aggression of the Russian Federation against Ukraine”, – for legal services provided points 2 and 3.

It should be noted that foreigners and stateless persons who are in Ukraine legally have the same right to free secondary legal aid as citizens of Ukraine, except for the exceptions established by the Constitution, laws of Ukraine or international treaties, the binding consent of which has been granted by the Verkhovna Rada of Ukraine. At the same time, persons who are under the jurisdiction of a foreign state with which Ukraine has concluded a relevant international agreement, the binding consent of which has been granted by the Verkhovna Rada of Ukraine, have the right to free secondary legal assistance on the grounds and in the manner stipulated by the relevant international agreement of Ukraine.

It is worth knowing that persons from the low-income category, IDPs, war veterans and family members of fallen (deceased) war veterans, persons who have special labor merits for the Motherland, and persons who are among the victims of Nazi persecution, persons rehabilitated in accordance with the legislation of Ukraine, have the right to receive such assistance no more than six times during the budget period and at the same time no more than six decisions on the provision of free secondary legal assistance, adopted centers for providing free legal aid.

Subjects of provision of free secondary legal aid in Ukraine are centers for the provision of free legal aid, as well as lawyers included in the Register of Advocates who provide free secondary legal aid.

Citizens do not need to pay anything for a lawyer who works in this system (in this case, the state pays for the services of the lawyer), but they need to bear other costs that are usually incurred in a court case – payment of a court fee, production of a technical passport, obtaining various extracts and certificates and other documents at the rates set by the relevant organizations at the place of their receipt.

It is possible to find a secondary legal aid center that applies specifically to your region by referring to official website.

You can also get legal advice or clarification on legal issues by calling the Unified telephone number of the BPD system 0 800-213-103, calls within Ukraine are free.

Please note that applications for the provision of one of the types of legal services are submitted by persons who have reached the age of majority or their representatives to the center for the provision of free legal aid in writing at the place of actual residence of such persons, regardless of the registration of the place of residence or the place of stay of the person or at the location of the body conducting inquiry, pre-trial investigation, court, investigating judge considering the case.

After making a decision to provide free secondary legal aid, the free legal aid center appoints a lawyer who is included in the Register of lawyers who provide free secondary legal aid and has concluded an agreement on the provision of free secondary legal aid with the free legal aid center. At the same time, the attorney’s powers are confirmed by a mandate from the center for providing free legal aid and/or a power of attorney in accordance with the requirements of the procedural law.