Ukrainians have simplified access to legal aid abroad

From 1 August 2026, the Convention on International Access to Justice, concluded in The Hague in 1980, came into force for Ukraine. It is designed to simplify access to legal aid for Ukrainians involved in legal proceedings in other states party to the document.

The Convention provides that citizens of Ukraine and persons permanently residing in the country may claim legal aid abroad on the same terms as citizens of the state concerned. This mechanism relates primarily to civil and commercial matters.

In particular, it concerns the possibility of obtaining legal advice and legal assistance if the applicant meets the requirements of the law of the country where the case is being heard. Foreign nationality or absence of domicile in that state should not by themselves be grounds for refusal.

At the same time, the Convention does not guarantee the automatic provision of a free lawyer to all Ukrainians. Decisions will be made in accordance with the rules of the country where help is needed: for example, the applicant's income, the nature of the case and the prospects of its consideration may be taken into account.

What does the Convention provide for

Once legal aid has been approved, certain ancillary procedures shall be free of charge, including the service of documents, execution of letters of request and preparation of the social reports provided for by the Convention. The mechanism also extends to proceedings for the recognition and enforcement of a judgment.

The document provides for protection of foreigners from the requirement to furnish security or a deposit to cover legal costs solely because of their nationality. However, individual countries may apply reservations to this part of the Convention.

Ukrainians will also be able to obtain copies or extracts from public registers and court decisions in other contracting states on the same terms as local nationals.

For the exchange of applications for legal aid, countries designate central authorities. In Ukraine, this authority is the Ministry of Justice. Before submitting documents, the applicant must check the requirements of the specific state, including the list of documents, permissible language and existing reservations.

Among the Parties to the Convention are Poland, Spain, France, Czechia, the Netherlands, Romania, Finland, Sweden, Switzerland, the Baltic states and a number of other countries. An up-to-date list of the countries and their designated authorities is published by the Hague Conference on Private International Law.

Ukraine acceded to the Convention on the basis of a law adopted on 12 March 2026. The instrument of accession was deposited with the government of the Netherlands on 21 May, after which the date of entry into force of the Convention for Ukraine was determined.

Based on materials from: Hague Conference on Private International Law, Verkhovna Rada of Ukraine