ORGANIZIMI I NDIHMËS JURIDIKE TË GARANTUAR NGA SHTETI

Në Kreun II tё Ligjit nr. 111/2017, rregullohet mënyra e administrimit të shërbimit të ndihmës juridike falas. Në këtë Kre përcaktohen institucionet përgjegjëse për administrimin e ndihmës juridike, siç janë gjykatat, Ministria e Drejtësisë, Drejtoria e Ndihmës Juridike Falas dhe Dhoma Kombëtare e Avokatisë, si dhe detyrat e tyre përkatëse.

Gjykata shqyrton kërkesat për ndihmë juridike falas e cila përfshin ndihmën juridike dytësore, si dhe përjashtimin nga tarifat dhe shpenzimet gjyqësore, dhe shprehet me vendim për pranimin ose jo të kërkesës, të cilin ia vë në dispozicion Drejtorisë së Ndihmës Juridike.

Ministria e Drejtësisë në fushën e shërbimit të ndihmës juridike zhvillon politikën shtetërore për të siguruar akses efektiv në sistemin e drejtësisë për shërbimin e ndihmës juridike, përgatit projektbuxhetin në përputhje me legjislacionin në fuqi, ngre Drejtorinë për Ndihmën Juridike Falas në varësi të saj, mbikëqyr zbatimin e dispozitave ligjore e nënligjore, dhe ndihmon në vlerësimin e cilësisë së ndihmës juridike të dhënë, si dhe i propozon Dhomës Kombëtare të Avokatisë, në rast të shkeljes së dispozitave të këtij ligji, fillimin e procedimit disiplinor për marrjen e masave të pezullimit ose heqjes së lejes së ushtrimit të profesionit të avokatit.

Dhoma Kombëtare e Avokatisë, merr pjesë në përcaktimin e kritereve për përzgjedhjen e avokatëve, që japin ndihmën juridike falas dhe specializmin e tyre në fushat përkatëse sipas kërkesave ligjore, merr pjesë në përcaktimin e kritereve për vlerësimin e cilësisë së shërbimit të dhënë nga avokatët, merr masa disiplinore ndaj avokatëve, që ofrojnë ndihmë juridike falas, etj.

Drejtoria për Ndihmën Juridike Falas administron dhe monitoron shpenzimet për ndihmën juridike që rrjedhim si detyrim nga vendimet gjyqësore, mban kontakte me drejtuesit e gjykatave të rretheve gjyqësore për evidentimin e të dhënave të vendimeve për ndihmën juridike falas, menaxhon buxhetin e dhënë për ofrimin e ndihmës juridike nga shteti për të cilin raporton tek Ministri në mënyrë të herëpashershme, lidh kontratat e shërbimit me avokatët për ndihmë juridike pas vendimit gjyqësor në konsultim me Dhomën Kombëtarë të Avokatisë sipas përzgjedhjes së aplikuesit, asiston qytetarët për plotësimin e formularëve për t’ju drejtuar gjykatave për kërkesat për ndihmë juridike falas, informon qytetarët për për parashikimet e ligjit lidhur me kriteret, procedurat, dokumentacionin dhe kushtet e përfitimit te ndihmës juridike falas nëpërmjet shërbimeve juridike ambulante, publikimeve, fushatave në TV dhe median e shkruar, si dhe nëpërmjet masave të tjera të ngjashme, etj.

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