UNBA is ready for a dialogue with Verkhovna Rada about changes to the draft law No.1013 on abolishing advocates’ monopoly

UNBA is ready for a dialogue with Verkhovna Rada about changes to the draft law No.1013 on abolishing advocates’ monopoly.

That was stated during the meeting of BCU in Odessa by the Head of BCU, UNBA Lidia Izovitova.

«We are ready to a professional discussion, and I am happy to know, that the parliament committee is ready for that as well», - said Lidia Izovitova, commenting on a  letter from the Head of VR Committee on Legal Policy. It was suggested in the letter to hold a work meeting for members of the committee and UNBA representatives.

At present, in favor of saving the monopoly testifies not only the conclusion of Venice Commission on constitutional changes in the part of justice since 2015. Council of Europe has done an evaluation of judicial reform in Ukraine during 2014-2018 and its correspondence to the standards and recommendations of Council of Europe. Particularly was evaluated the introduction of the exclusive right of advocates to representation in courts. Nowadays in Ukraine works an expert from the Council of Europe with a target mission to track the implementation of advocates’ monopoly in courts and study the thoughts of all stakeholders.

Arguments on the expediency of abolishing the monopoly, were noted in the letter of the parliament committee, however they can be refuted by the file of convincing facts. Thus, an argument, that practical realization of an exclusive right of advocates on representation in courts reveals the unavailability of legal aid in courts  for citizens, is refuted by the data of national budget for free legal aid.

Therefore, head deputy of UNBA, BCU Valentyn Gvozdii cited the project of national budget for year 2020. According to it, expenses for the functioning of free legal aid system will be 826 million hryvnyas. 441 million out of that amount will be spent on maintaining centers for free legal aid (307 million out of this amount-salaries of the government officials. 385 million will be spent on paying the advocates' services on free legal aid. «It is an ineffective spending of national budget, it’s a crime, as legal aid is being given to regular people, not to the free legal aid officials», - said Valentyn Gvozdii about such proportions  of national budget‘s distribution.

Other than that, advocacy is preparing a draft law on reorganization of free legal aid system.

«We are preparing a draft law on total reorganization of free legal aid, so that self-governing advocacy bodies will be in charge of administration instead. It will really cheapen the justice, which is now aimed by the parliament to do in all areas of judiciary. With draft law we will show ways of saving the budget, provide advocates with jobs, and citizens-with professional legal aid at the expense of state»-said Lidia Izovitova.

Remind you, it is suggested in the draft law No.1013 to make changes to the Constitution of Ukraine and publish the new version of article 131-2, also exert subparagraph 11 of paragraph 16-1 of Chapter XV “Transitional Provisions”. In such a way current norm about representation of individuals and legal entities interests in courts exclusively by advocates in all types of judiciary abolishes. It is suggested to leave the protection by advocates in criminal prosecutions only. Therefore, by the draft law No.1013 it is suggested to give the right of protecting other people, and in particular be their representatives in court, to all the citizens.   

UNBA in the appeal to the President of Ukraine and to the parliament has emphasized, that suggested changes contradict the Ukrainian Constitution and harshly violate human rights, as in the article 131-2 is stated, that realization of citizen rights goes through the representation of their interests in court by a professional lawyer-an advocate. In Laws of Ukraine “On advocacy and legal practice” from July 5^th, 2012 No.5076-VI and “On free legal aid” from June 2^nd, 2011 No.3460-VI are written the mechanisms and instruments for provision of this right.