Regulations on the Legal Clinic
of the National Aerospace University
“Kharkiv Aviation Institute”
Approved by:
the Academic Council of the
National Aerospace University
“Kharkiv Aviation Institute”
Minutes No. 4 dated November 25, 2020
Enacted by: Order No. 506 dated November 26, 2020
QMS KHAI-F7-P/001:2020
Effective date: December 01, 2020
Revision No. 1
1. General Provisions
1.1. At the National Aerospace University “Kharkiv Aviation Institute” (hereinafter referred to as the University), a legal clinic (hereinafter referred to as the Legal Clinic) has been established as a base for practical training and clinical practice of University students pursuing higher education in the field of “Law”. The Legal Clinic is a structural subdivision within the Department of Law of the Faculty of Humanities and Law of the University, functioning as an educational and practical legal aid laboratory.
1.2. In its activities, the Legal Clinic is guided by the legislation of Ukraine on higher education, the Model Regulations on the Legal Clinic of a Higher Educational Institution of Ukraine approved by Order No. 592 of the Ministry of Education and Science of Ukraine dated August 3, 2006, the University Charter, these Regulations, and other regulatory acts of Ukraine and the University governing the organization of legal clinics in higher education institutions and the provision of legal assistance.
1.3. The Legal Clinic is not a legal entity.
1.4. The Legal Clinic may have corresponding stamps, symbols, and letterheads with its own name.
1.5. To achieve its goals, the Legal Clinic uses University property assigned to it by order of the Rector of the University free of charge.
1.6. Definitions of terms regarding the activities of the Legal Clinic used in these Regulations:
- supervisor lecturer – an academic employee of the University who is a specialist in the field of law, or another legal specialist, including an attorney, involved in the work of the Legal Clinic in accordance with the established procedure to provide necessary methodological and practical assistance to student consultants;
- client of the Legal Clinic – a person who applied to the Legal Clinic for clarification or protection of their rights and cannot afford legal assistance, or whose case presents an educational interest for the Legal Clinic;
- head of the Legal Clinic – a person who, by decision of the Rector of the University, responsibly manages and organizes the Legal Clinic according to job responsibilities;
- student consultant – a student or another person pursuing higher education who has passed the selection process and enrolled in the Legal Clinic.
2. Goals and Tasks of the Legal Clinic
2.1. The goals of the Legal Clinic are:
- consolidation of theoretical knowledge by students and acquisition of practical skills and abilities for professional activity in the legal field;
- fostering students' respect for legal principles and increasing the legal culture level of the population;
- provision of legal assistance to persons in need;
- enhancing practical knowledge, skills, and abilities of University students majoring in “Law”, as well as other majors as agreed with departments;
- ensuring access to legal assistance for representatives of socially vulnerable groups of society;
- developing legal culture among citizens;
- expanding University cooperation with judicial and law enforcement authorities, justice agencies, public administration and local self-government bodies, as well as other institutions, organizations, and enterprises regardless of their organizational and legal form.
2.2. Main tasks of the Legal Clinic:
- acquisition of practical skills of the legal profession by students;
- creation of placements for educational and other types of internships for students;
- provision of legal assistance to clients of the Legal Clinic;
- conducting legal awareness and educational events for the public;
- providing students with opportunities to communicate during the educational process with legal practitioners, legal professionals, attorneys, personnel of judicial and law enforcement agencies, and other state and local self-government bodies regarding their activities;
- introducing and applying innovations by ensuring increased efficiency in the process of acquiring practical skills by University students;
- creating an effective mechanism for information exchange between the public, the mass media, and the Legal Clinic, allowing for a prompt response to the practical needs of society.
2.3. In accordance with the goals and tasks of the Legal Clinic of the University, for its full and effective functioning, the management of the Legal Clinic and the University organizes and provides:
- delivery of a specialized course on "Fundamentals of Legal Clinical Practice", which covers the principles and functions of legal clinics' activities, with a focus on key aspects of legal practice;
- holding theoretical and practical classes based on the outcomes of the Legal Clinic's activities;
- conducting legal education, legal awareness, and other practical training events;
- provision of free legal assistance on human rights protection and organizations across all branches of law in accordance with the effective legislation of Ukraine;
- work with legal documents and databases;
- preparation and dissemination of publications for the public on topical legal issues;
- cooperation with representatives of state and non-governmental bodies and organizations;
- holding scientific and practical conferences, seminars, trainings, and other events on topical legal issues;
- work on the systematization and analysis of judicial practice in Ukraine, rulings of the European Court of Human Rights, and resolution of legal issues in law enforcement agencies, state authority bodies, and local self-government bodies;
- cooperation with other legal clinics of higher education institutions in Ukraine and abroad.
3. Principles of Activity of the Legal Clinic
3.1. The Legal Clinic operates on the principles of:
- respect for law, justice, and human dignity;
- orientation towards the protection of human rights and freedoms;
- humanism;
- legality and the rule of law;
- objectivity, competence, and integrity;
- provision of legal assistance free of charge;
- confidentiality;
- mentorship.
4. Organization of the Legal Clinic's Activity
4.1. General management of the Legal Clinic is exercised by the Rector.
4.2. The head of the Legal Clinic is appointed by decision of the Rector of the University upon recommendation of the Head of the Department of Law.
4.3. The structure and number of staff members of the Legal Clinic are determined by the Rector via appropriate order. The regular staff of the Legal Clinic may include: the head of the Legal Clinic, supervisor lecturers, coordinator(s) (administrator(s), laboratory assistant(s)), and other persons whose work in the Legal Clinic is specified in their job descriptions. Supervisor lecturers who are academic staff members of the Department of Law with practical legal experience may also be involved in the work of the Legal Clinic. Involving academic and research staff of the University to work as supervisor lecturers in the Legal Clinic may serve as grounds for allocating corresponding time within their working schedule and teaching load.
4.4. Student consultants of the Legal Clinic may be senior students of the University enrolled in the "Law" major, admitted to the Legal Clinic in accordance with the established procedure, who provide legal assistance under the guidance of supervisor lecturers. The procedure and duration of their participation in the work of the Legal Clinic, as well as the number of student consultants, are determined by order of the head of the Legal Clinic.
4.5. Supervisor lecturers and the head of the Legal Clinic provide necessary methodological and theoretical support to student consultants:
- decide on the admissibility of a case and its referral to a student consultant of the Legal Clinic;
- act as a supervisor for each appeal and ensure theoretical training of the student consultants of the Legal Clinic;
- monitor the activities of student consultants of the Legal Clinic for compliance of the legal assistance with statutory requirements and professional ethics.
4.6. Requirements for organizing the work of the Legal Clinic:
- the University creates and provides proper conditions for the functioning of the Legal Clinic;
- information regarding the operation of the Legal Clinic and the Regulations on the Legal Clinic of the University are published on the University website and posted in the premises of the Legal Clinic in places accessible to visitors;
- the Legal Clinic must provide the client with information on accepting their application for consideration or a reasoned refusal of such acceptance;
- legal assistance, as a rule, is provided directly during the review of the appeal. In case it is impossible to resolve the issue immediately during reception or if additional examination of the raised issue is required, Legal Clinic personnel may establish another deadline and procedure for reviewing the citizen's application;
- the client must be given the opportunity to submit feedback to the head of the Legal Clinic regarding the quality of the legal assistance provided.
4.7. Registration and record-keeping of citizen receptions are carried out by a student consultant of the Legal Clinic using a logbook or an electronic registration system.
4.8. With the client's consent, a student consultant may draft relevant legal or procedural documents in compliance with current Ukrainian legislation, informing the client of the procedure and deadlines for submitting each prepared document, the legal consequences of missing submission deadlines, and the procedure for their consideration by authorities, organizations, or institutions. Legal assistance in the form of representation in court, state bodies, local self-government bodies, and other organizations is not provided by student consultants of the Legal Clinic. Student consultants of the Legal Clinic have the right to attend hearings of the client's case as public observers, provided the case is conducted by the client themselves or a legal professional retained by them.
4.9. The Legal Clinic reserves the right to refuse to provide legal consultation. The decision to refuse is made by the head of the Legal Clinic with justification of the grounds for refusal. In case of refusal, at the request of the client, contact information of other legal clinics, local legal aid centers, bureaus, etc., shall be provided. If the issues raised in the application fall outside the competence of the Legal Clinic, the applicant shall be informed about the entity authorized to resolve the matter.
5. Rights and Duties of Student Consultants of the Legal Clinic
5.1. Admission of students to the Legal Clinic is based on competitive selection. The terms of the competition are established by the Legal Clinic of the University.
5.2. A student consultant has the right to:
- acquire knowledge and practical skills for practical application and future professional use;
- receive legal case materials and information on active cases managed by the Legal Clinic in accordance with established procedures, participate in their discussion, and attend proceedings of cases handled by other student consultants;
- use the library and legal databases of the Legal Clinic;
- participate in campaigns, initiatives, projects, programs, and other activities organized by the Legal Clinic;
- undergo practical training and internships at the Legal Clinic as part of the curriculum;
- participate in resolving organizational matters of the Legal Clinic and submit proposals to management regarding improvements to its operation.
5.3. A student consultant of the Legal Clinic is obliged to:
- attend theoretical classes, seminars, workshops, and participate in other activities organized within the scope of the Legal Clinic's work;
- continuously deepen their professional knowledge and refine their practical skills;
- handle cases in compliance with ethical standards and maintain confidentiality;
- comply with the internal regulations of the University and the requirements of other documents governing the operation of the Legal Clinic;
- accurately, timely, and properly execute decisions and instructions of the management and supervisor lecturers of the Legal Clinic issued within their competence;
- be on duty at the Legal Clinic according to the established schedule and participate in advising citizens;
- be guided by the working principles and tasks of the Legal Clinic in their activities;
- submit a written report based on the results of the work performed;
5.4. The performance of student consultants of the Legal Clinic is evaluated by the head of the Legal Clinic and taken into account when assessing practical training, based on which they are entitled to receive a reference letter.
6. Legal Education Activities in the Work of the Legal Clinic
6.1. The legal education activity of the Legal Clinic is conducted to enable student consultants to acquire professional legal skills through direct implementation of measures aimed at developing legal culture and knowledge among other individuals.
6.2. The head of the Legal Clinic or the person responsible for legal education activities oversees the quality and conduct of legal education events, including feedback mechanisms from participants.
6.3. Forms of legal education activities of the Legal Clinic include direct and/or remote engagement with the audience.
6.4. The Legal Clinic may have separate regulations governing the key aspects of conducting legal education activities.
7. Material and Technical Base of the Legal Clinic
7.1. The University provides premises for the Legal Clinic that allow accommodating resources and material facilities necessary for organizing the educational process and receiving visitors to provide legal assistance.
7.2. For material and technical support of the Legal Clinic's operation, the University provides office equipment for working with legal databases and the Internet, telecommunications equipment, furniture, stationery, etc.
8. Financing of the Legal Clinic
8.1. The Legal Clinic is funded by University funds, grants from international and Ukrainian organizations, charitable contributions from individuals and organizations, and other sources not prohibited by the effective legislation of Ukraine.
9. Final Provisions
9.1. These Regulations are adopted by the Academic Council of the University and enacted by order of the Rector of the University.
9.2. Amendments and/or additions to these Regulations are made following the procedure established for their adoption.
9.3. In case of amendments to normative acts regulating relations specified in these Regulations, the provisions of Ukrainian legislation shall apply until corresponding changes are made to these Regulations.