Approaches to remuneration of advocates in the FLA system must change – L. Izovitova

Payments to advocates in the free legal aid system are made after court proceedings are completed and can take years. During this time, advocates provide protection without payment, essentially lending money to the state. This practice contradicts Article 43 of the Constitution.

Lidiya Izovitova, the President of the Ukrainian National Bar Association and the Bar Council of Ukraine, raised the problem during a BCU meeting held today, October 17.

L. Izovitova drew attention to the fact that the law «On advocacy and legal practice» uses the term «legal aid», while the Cabinet of Ministers' September 17, 2014, resolution No. 465, «On the payment of services and reimbursement of expenses of advocates providing Free Secondary Legal Aid», uses the term «payment for services». This effectively classifies the practice of law as a contractual service, providing payment only after its completion. This substitution of concepts has already distorted the legal nature of the practice of law and violated the principle of independence.

Appeals from regional advocates have revealed several problems. For instance, the maximum remuneration amount is capped at 19.5 times the minimum subsistence level (approximately UAH 59,000), even if the proceedings extend over several years. Additionally, payment is made for a maximum of 50 court hearings, and the rest remain unpaid.

In complex cases, no more than 20 hearings are considered, regardless of the actual number of charges. Furthermore, the costs of certain procedural actions, such as familiarizing oneself with the materials, traveling to checkpoints or TCCs, submitting lawyer requests and motions to secure evidence, and conducting expert examinations, are not compensated at all.

The situation of advocates working in frontline areas is particularly concerning. Despite the increased risk and conditions close to combat operations, they do not receive allowances or coefficients similar to those provided to judges, prosecutors, or police officers. Advocates are also not provided with personal protective equipment while performing their duties.

Therefore, the current financing model for free legal aid contradicts constitutional guarantees and effectively shifts the state's responsibility onto the advocates themselves.

Ultimately, the lawyers decided to continue working on introducing a fair, timely, and guaranteed payment system for FLA advocates. They will take into account the proposals of the regional bar associations and bring the issue up for discussion at the next BCU meeting.