UNBA will send an appeal to the Verkhovna Rada on the bill on simplification of access to the free legal aid
UNBA calls on the Parliament not to adopt amendments to some legislative acts of Ukraine to facilitate access to free legal aid and improve the quality of its provision in the edition in which there is a proposal to introduce peer review for attorneys of the free legal aid system for the second time.
The relevant appeal of the UNBA will be sent to the Chairperson of the Verkhovna Rada. This was announced by the President of UNBA, Bar Council of Ukraine Lydia Izovitova at a meeting of the Bar Council of Ukraine.
The previous Draft Law "On Amending Certain Legislative Acts of Ukraine on Facilitating Access to Free Legal Aid for Children and Persons with Disabilities and Improving the Quality of Its Provision" was registered for №2704 on December 28, 2019, but was revoked in March 2020 due to objections from the UNBA. The bill, in particular, proposed to introduce a peer review for free legal aid for attorneys, following the example of the Scottish model, which is, in fact, an attempt to revise the legal position of the defense and interfere with attorney-client privilege.
"Such a bill was submitted to parliament. We give our written observations on it. We pointed out that this bill was prepared by the Ministry of Justice without a bar. At the same time, it concerns attorneys and, in accordance with European standards, it should be agreed with us. Although this bill was withdrawn, a new bill appeared recently, on February 19, with a new registration number and a new name, but with the same proposals to introduce a peer review for free legal aid", - Lydia Izovitova said.
The UNBA Head stressed that the new bill, as well as the previous one, was not agreed with the bar.
"Our Committee on Free Legal Aid is preparing an opinion on this bill. Accordingly, we need to appeal to the Chairperson of the Verkhovna Rada, because at the nearest time the parliament will consider this issue at the Verkhovna Rada Committee. We must appeal to emphasize once again that this bill is not accepted by the bar, as we believe that this law should be completely different from the organizational point of view. In addition, it was sent to the parliament without the consent of the bar", - Lydia Izovitova stressed.
The UNBA President insists that to reform the free legal aid, we have to submit another bill, which will introduce a real European model with minimal state interference in free legal aid provision.
"The free legal aid should be organized by the bar, and the state should determine the criteria for receiving free legal aid, the procedure, and amount of funding. According to our preliminary estimates, if such a model is introduced, the savings for the state budget will be up to 70%", - Lydia Izovitova said.
UNBA is ready to prepare such a bill with the involvement of the relevant Committee on Free Legal Aid and further submit it to the Commission on Legal Reform under the President of UkrainePopular news
Legislation
Proceedings against military personnel following AWOL require clear deadlines — UNBA
A soldier’s return to duty after AWOL does not necessarily mean the end of criminal proceedings. To ensure that the case does not remain at the pretrial investigation stage, a clear procedure for the investigator and prosecutor is required.
Legislation
The UNBA warned of the risk of customs barriers for Ukrainian paper and furniture
Ukraine’s anti-deforestation rules are intended to preserve export access to the EU market. However, without paper and furniture on the list of goods, without effective sanctions, and with enforcement beginning only in 2030, these rules could hinder that goal.
Legislation
Fines for loud exhaust — based on a standardized measurement method — UNBA
Measures to combat intentionally loud exhaust noises are justified, especially during wartime. However, as long as the law does not specify which noise standard to apply or how to measure it on the road, this new liability can be neither fair nor effective.
Guarantees of the practice of law
Guarantees for advocacy without protective measures: proposed changes to the codes
The current law sets forth the rights and guarantees of the legal profession, but lacks the tools to protect them. The future law on advocacy is intended to fill this gap through amendments to criminal, administrative and procedural legislation.
Abroad
Living abroad doesn't sever your ties with Ukraine: what you should check
Moving to another country and even long-term residence abroad does not automatically sever an individual’s legal ties to Ukraine. Tax residency, sole proprietorship status, foreign income, enforcement proceedings, and military registration remain relevant even after relocation.
Legislation
Exceptions to the state prosecutor's representation in court must be consistent with the CCU's decision
To prevent the provisions of Article 23 of the Law «On the prosecutor’s office» from being declared unconstitutional again, the proposed amendments contained in the government’s draft law should be clarified.
Educational events
How can an advocate defend a client whose data is processed by the Interpol system?
The absence of a last name on the Interpol website does not necessarily mean that no one is looking for that person. How can you find out exactly what information police databases in 196 countries hold about a client, and does the removal of a record mean that the problems are behind you?
Legislation
A bill implementing the Convention on the Protection of the Professions of Lawyer has been introduced
The constitutional guarantees of legal aid, defense, and the independence of advocacy cannot be realized without protecting advocates from unwarranted interference in their professional activities, including searches, the seizure of professional materials and the use of criminal procedural mechanisms to exert pressure.
Publications
Vasyl Kolishnyi, «Law and Business» Supporting mental health should become part of the professional culture of the Bar, - H. Udovenko
Volodymyr Matsko Extradition during wartime: when the risks outweigh the request
Volodymyr Matsko Extradition as a systemic form of rights violations
Victoria Yakusha, Law and Business The anti-corruption vertical cannot «take care» of the Bar as an institution, - acting head of the HQDCB
Censor.net Protecting advocates – protecting justice: addressing concerns about the new law
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
