Региональным властям могут разрешить устанавливать дополнительные случаи оказания адвокатами бесплатной юридической помощи

Наталья Ключевская

Региональным властям могут разрешить устанавливать дополнительные случаи оказания адвокатами бесплатной юридической помощи
yacobchuk1 / Depositphotos.com

В Госдуму поступил законопроект, предусматривающий внесение соответствующей поправки в ч. 1 ст. 18 Федерального закона от 21 ноября 2011 г. № 324-ФЗ «О бесплатной юридической помощи в Российской Федерации» (далее – Закон № 324-ФЗ). Он направлен на совершенствование деятельности по оказанию бесплатной юридической помощи гражданам.

Кому оказывается бесплатная юридическая помощь, узнайте из одноименного материала в Домашней правовой энциклопедии системы ГАРАНТ. Получите бесплатный доступ на 3 дня!

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В настоящее время указанная норма предусматривает оказание бесплатной юридической помощи адвокатами, являющимися участниками государственной системы бесплатной юридической помощи, исключительно в случаях, установленных федеральным законодательством. Про региональное законодательство в норме не упоминается – согласно ч. 10 ст. 18 Закона № 324-ФЗ субъекты РФ своими законами и иными нормативными правовыми актами могут определять только размер, порядок оплаты труда адвокатов, оказывающих гражданам бесплатную юридическую помощь в рамках государственной системы бесплатной юридической помощи, и компенсации их расходов на оказание такой помощи.

Предлагается1 наделить субъекты РФ правом устанавливать своими законами дополнительные случаи оказания бесплатной юридической помощи, предоставляемой адвокатами в рамках государственной системы бесплатной юридической помощи. Предполагается, что такая мера позволит расширить пределы юридической помощи, оказываемой бесплатно, что, в свою очередь, будет способствовать повышению эффективности реализации госгарантий прав граждан на получение бесплатной юридической помощи.

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1 С текстом законопроекта 828560-7 «О внесении изменения в статью 18 Федерального закона «О бесплатной юридической помощи в Российской Федерации» и материалами к нему можно ознакомиться на официальном сайте Госдумы.

Источник: garant.ru

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