Everyone has a right to apply to the court and receive high-quality legal aid, including representation in the court. The Legal Aid Service ensures these rights in certain cases (defined in the legislation). Protecting social rights of families of persons killed or missing in military operations is one of the important functions of the Legal Aid Service.
The Legal Aid Service ensures the following types of services:
- Development of legal documents (an application, a claim, a complaint, a counter-claim, a motion etc.)
- Representation in the court in administrative and civil cases.
- Representation in administrative bodies.
The Legal Aid Service protects the rights of persons killed or missing in military operations in the following circumstances:
A person who applied to the Legal Aid Service is registered in the unified database of socially vulnerable families, whose socioeconomic index is equal to or below 70 000.
In exceptional cases the Legal Aid Service may develop legal documents for a person whose socioeconomic index does not exceed 100 000 points, if the person meets the following criteria:
- a member of a multi-child family with more than 3 children under the age of 18;
- veterans of war and military forces;
- persons with disabilities under the age of 18;
- adults with severe or profound disabilities;
- a person with severe, profound or moderate disabilities, if a disability developed since a person’s childhood;
- an orphan under the age of 18;
- a person displaced as a result of the military aggression of the Russian Federation against Georgia.
Also, according to the Law on Legal Aid, court representation is provided to insolvent persons until January 1, 2018 in certain cases (depending on complexity and significance of a case), including cases concerning issues arising from the Law on Social Protection of Families of Persons Killed, Missing or Dead as a Result of Wounds Received in the Fight for Territorial Integrity, Freedom, and Independence of Georgia. Legal aid is also provided in cases regulated by normative acts adopted for the implementation of this law.
Members of families of persons killed or lost during military operations are entitled to certain benefits.
The benefits envisioned in the Law on Veterans of War and Armed forces are extended to:
- Parents with disabilities incapable of working despite their age;
- A spouse who did not remarry;
- Underage (under the age of 18) children and other family members incapable of working who were supported by the killed (diseased) person and received a breadwinner’s pension.
Social protection of family members of killed (diseased) persons envisions:
- A pension in accordance with the Law of Georgia on State Pensions;
- Other social protection guarantees in accordance with the Georgian legislation;
- Exemption from the payment for utilities – water, waste management, gas, electricity, telephone, also from public transportation fares in cities, and inter-city and suburb transportation fares in the countryside, according to the legislation of Georgia;
Social Protection of families of persons killed, missing, or dead as a result of wounds received in the fight for territorial integrity, freedom, and independence of Georgia envisions:
- Transfer and burial of a person killed, missing or dead as a result of wounds received in the fight for territorial integrity, freedom and independence of Georgia;
- Provision of a pension in accordance with the Law on State Pensions;
- Provision of a state compensation in accordance with the Law of Georgia on State Compensation and State Academic Stipend.
- Constitution of Georgia
- Civil Procedure Code of Georgia
- General Administrative Code of Georgia
- Administrative Procedure Code of Georgia
- Law of Georgia on Social Protection of Families of Persons Killed, missing, or Dead as a Result of Wounds Received in the Fight for Territorial Integrity, Freedom, and Independence of Georgia
- Law on Veterans of War and Armed Forces
- Law on State Pensions
- Law of Georgia on State Compensation and State Academic Stipend
- Law of Georgia on Legal Aid
- Government of Georgia Decree # 424, June 30, 2014
Scope of Service
In the course of conducting defense on civil and/or administrative cases, the lawyer of Legal Aid Service, as the rule conducts following actions:
- Reviews the information and case materials.
- Meets with the client and provides legal advice.
- Analyzes the information related to the case, ensures the collection of evidence and submission with the court for the purpose of successful conduct of the case.
- Represents the client in court.
- Drafts legal documents related to the case – motions, claims, counterclaims, motions complaints, applications.
- Informs the client an in case of necessity his/her legal representative on the course of conduct of the case.