New Regulation on legal aid centres increases control over advocates – the UNBA Committee
Changes to the Regulation on secondary legal aid centres approved by the Ministry of Justice increase the control over advocates. This position was expressed on 1 June at the meeting of the UNBA Legal Aid Committee.
According to the Committee members, one of the tools of influence on advocates’ work is a monitoring evaluation, which is taken by officials of the centres. "This procedure breaches the law “On the Bar and Practice of Law”. A further influence of the Ministry of Justice on the bar is felt, which is unacceptable as it directly destroys the effectiveness of defence of citizens in the courts", - said Igor Kolesnikov, Head of the Committee.
The Committee saw discrepancy with the legislation in the provisions of the Regulation which provide obtaining by regional and local legal aid centres of documentary information from legal aid advocates (disclosure of advocates’ professional secrecy), assigning extraneous functions to centres of legal training, etc. The biggest attack on independence of legal aid advocates was made through empowering local secondary legal aid centres. However, as defined by law, such centres should only ensure the provision of legal aid, and not provide it directly.
The biggest scepticism was caused by the selection criteria for the posts of heads of local legal aid centres, who have been authorized by the new Regulation to ensure provision of legal aid. In particular, in the selection process a higher education in the fields of "Social Security" and "Management and administration" is considered as an asset. The requirement of working experience on managerial positions is only one year.
The advocate recalled about the Opinion of the Committee on the violation of advocates’ rights and professional guarantees, and the corruption component in the creation and operation of the legal aid system in Ukraine. The document was approved by the BCU in April. According to the Committee’s conclusions, the current legal aid system includes institutional, administrative, financial and legal drawbacks and it should be brought in line with the Constitution, the Law on the Bar and the Strategy for reforming the judiciary and related legal institutions for 2015-2020 approved by the Presidential Decree no. 276/2015 on 20 May 2015.
The UNBA detailed position regarding the evaluation of advocates’ activities by the State authorities is highlighted in the publication in "Law and Business".
Popular news
Advocacy
The BCU has removed controversial issues of training standards for young lawyers
The Procedure for the Continuing Legal Education of Advocates of Ukraine provides for special requirements for training in the first three years (after obtaining a certificate) of an advocate's practice. In practice, technical issues have arisen in the application of these requirements.
Advocacy
Free legal aid: lawyers will add up training points for 2023 by April
Lawyers who provide free secondary legal aid or have concluded a contract (agreement) for its provision must receive at least 2 credit points for training on the issue of FLA every year. The deadline for fulfilling this obligation for 2023 has been extended to April 1.
Advocacy
Problems of the Ukrainian Bar were discussed at a conference in Vienna
The 52nd European Conference of Presidents of Legal Organizations, traditionally organized by the Austrian Bar Association (ÖRAK), has recently taken place at Vienna's Ferstel Palace.
Advocacy
Draft law 10449: UNBA submits amendments to the lawyers' booking
In order to ensure the constitutional guarantee of everyone's right to legal aid, the draft law No. 10449 on strengthening mobilization should provide for the reservation of lawyers. The relevant amendments will be sent to the entities involved in the process of preparing the draft law for the second reading.
Advocacy
The final draft of the Convention on the Protection of the Rights of Lawyers will appear in 2024
The Committee of Experts on the Protection of Lawyers presented the text of the draft Council of Europe Convention on the Protection of the Rights of Lawyers. The document is being prepared for approval by stakeholders. The final version should be developed by the end of the year.
Advocacy
Notaries and state registrars will be obliged to provide lawyers with information from the registers
When sending lawyers' requests to obtain data contained in state registers, lawyers often receive rejections. The recipients of the requests give various reasons for this. But these refusals impede the professional performance of professional duties!
Advocacy
The UNBA Board of Trustees supported the family of the deceased lawyer from Dnipropetrovs'k region
The first meeting of the UNBA Board of Trustees this year was held to distribute charitable assistance received from international partners. The Board considered 17 applications from affected colleagues who found themselves in a difficult situation due to the war.
Advocacy
Legal fees: how much do lawyers pay abroad
In all countries, advocates pay contributions to ensure the implementation of bar self-government in one way or another. Sometimes they are higher, sometimes lower. Sometimes it depends on the region or the length of service of the advocate. Some bar associations introduce the possibility of installments.
Publications
Ihor Kolesnykov A BRIEF SUMMARY REGARDING THE APPLICATION OF THE ORDER ON EXTENDED CONFISCATION IN LATVIA REGARDING FINANCIAL ASSETS OF…
Valentyn Gvozdiy WORKING IN A WAR ZONE
Lydia Izovitova Formula of perfection
Sergiy Vylkov Our judicial system is so built that courts do not trust advocates
Iryna Vasylyk Advocacy in the proclamation of Independence of Ukraine
Oleksandr DULSKY When we cross the border of the Supreme Anti-Corruption Court, we get into another department of the National Anti-Corruption…
Vadym Krasnyk The UNBA will work, and all obstacles and restrictions are only temporary inconveniences
Lydia Izovitova Interview with Lydia Izovitova on the occasion of the 8th anniversary of the founding of UNBA: We are the voice of t…