The Convention on International Access to Justice has entered into force for Ukraine - what opportunities will citizens gain
Kyiv • UNN
As of August 1, the Convention on International Access to Justice has entered into force for Ukraine. Ukrainians have gained simplified access to free legal aid in 28 member states.
As of August 1, the Convention on International Access to Justice, concluded on October 25, 1980 within the framework of the Hague Conference on Private International Law (HCCH), entered into force for Ukraine. This was reported by the Ministry of Justice, writes UNN.
Details
It is noted that the application of this convention expands the opportunities for Ukrainian citizens to protect their rights in the courts of other states, simplifies access to free legal aid, and strengthens international cooperation in the field of civil proceedings.
The Convention aims to eliminate practical obstacles that may arise when a person applies to a court abroad. It establishes unified mechanisms for interaction between the competent authorities of the participating states, allowing for the submission of requests for free legal aid, obtaining certain court documents, and initiating the enforcement of decisions on the recovery of court costs in another state.
What this means for Ukrainians
Ukrainians gain simplified access to free legal aid systems in the 28 participating states of the Convention, most of which are member states of the European Union.
From now on, Ukrainian citizens can:
- receive free legal aid on the same terms as citizens of the respective state;
- submit requests through the central authority of their state;
- obtain certain court documents within the mechanisms of the Convention;
- apply for the enforcement of decisions on the recovery of court costs in other states.
The Ministry of Justice will ensure the receipt and sending of requests for free legal aid, as well as requests for the compulsory enforcement of decisions on the payment of court costs and expenses, interacting with the competent authorities of other states.
The law stipulates that documents received by Ukraine within the framework of the Convention must be drawn up in Ukrainian or accompanied by a translation into Ukrainian.
At the same time, Ukraine made a reservation to Article 28 of the Convention, which excludes, in the absence of reciprocity, the provision of free legal aid to citizens of russia residing in the territory of a state party to the Convention.
Accession to the Convention is one of the measures provided for by the Roadmap on the Rule of Law within the negotiation process for Ukraine's accession to the European Union.
After the entry into force of the Convention, Ukraine became a party to the full set of core HCCH conventions in the field of international civil procedure: on the abolition of the requirement for legalization of foreign official documents (1961), on the service of judicial and extrajudicial documents (1965), on the taking of evidence abroad (1970), on international access to justice (1980), on choice of court agreements (2005), and on the recognition and enforcement of foreign judgments in civil or commercial matters (2019).
The Convention on International Access to Justice aims to ensure effective access to justice in cross-border civil and commercial cases. It provides for cooperation mechanisms between the central authorities of the participating states to simplify the obtaining of free legal aid and the performance of certain procedural actions.