The procedure for introducing peer review in the bill №5107 contradicts the constitutional status of the bar – Volodymyr Vatras, the People`s Deputy

Advocacy
14:46 Wed 26.05.21 363 Reviews
Print

The procedure for introducing a mechanism for assessing the quality of free legal aid provided for in Bill №5107 contradicts the constitutional status of the bar, so this norm should be removed from this bill for its adoption in parliament.

This was stated by Volodymyr Vatras, the Head of the Subcommittee on the Organization and Activity of Bar, Legal Aid Bodies of the Verkhovna Rada Committee on Legal Policy, during the round table "Improvement of Legislation on Free Legal Aid in Ukraine", which took place online.

The event was organized by the Council of Europe Project "Support to the Judiciary of Ukraine in Ensuring Better Access to Justice" jointly with the Verkhovna Rada Committee on Legal Policy.

"The most controversial issue is in Article 6-2 concerning the legal aid evaluation system, and I would like to point out that this article only provides for the possibility of introducing such a system. At the same time, we do not see any proposals from the Government on how it will work. This is the main fear that later, at the level of a decree or order of the Ministry of Justice, we will see a completely different regime and a different procedure from what we expect. The Bar is a constitutional institution, and accordingly any issues of the Bar, the principles of its regulation should be determined exclusively by law. This is stated in paragraph 14 of Art. 92, where it is determined that the principles of organization and activity of the bar are determined exclusively by laws, and not by the bylaws” - the People's Deputy emphasized.

He added that the issue of inclusion of the bills to the agenda are being considered by the Verkhovna Rada Subcommittee on Political Reform and Constitutional Law for compliance with the Constitution.

"I cannot predict the decision of the subcommittee concerning the Art. 6-2 and whether such an article provides for the possibility and right of the Ministry of Justice to determine the principles of control over the bar self-government in the implementation of the peer review system, but there are questions. In most other provisions of the bill, which concern clarification of provisions, introduction of a translator, change of terms, etc. - we can discuss and resolve these issues, but the cornerstone of the bill is the assessment of the free legal aid quality,"- said the head of the parliamentary committee.

According to him, the Bar currently has commissions for assessing the quality of the free legal aid, as well as disciplinary chambers, which can address issues of professional liability of attorneys for violations committed by them in providing legal assistance through the free legal aid system.

Therefore, Volodymyr Vatras proposed to remove this norm and hold a joint discussion of the bill with the participation of the Ukrainian National Bar Association, the Coordination Center, and the Ministry of Justice at the level of the Verkhovna Rada Committee. The People's Deputy also supported the proposal of Oksana Kadenko, a member of the Bar Council of Ukraine (hereinafter – the BCU), who suggested that government regulations on this issue be developed jointly with the BCU.

"Unfortunately, I did not see any norm in the law that would be aimed at improving the quality of legal aid. We need to set up a working group at our subcommittee level or hold another duscussion with all parties and discuss how we can speed up and improve the free legal aid procedure so that this bill suits both the UNBA and the relevant free legal aid bodies and the Ministry of Justice. The logic of the ministry is clear - they should control the spending of public funds for the provision of free legal aid, so maybe we will work out the provisions with the participation of the UNBA, free legal aid centers, or maybe leave the system as it is - it works for a long time. So, let us take away this cornerstone that everyone is talking about, and then this bill has a future, " - Volodymyr Vatras suggested.

According to the government's version of the Article 6-2 of the  bill №5107 “Assessment of the quality of free legal aid” provides “In order to introduce a mechanism for independent assessment of the quality of free secondary legal aid provided by attorney using the peer review tool, a commission for independent evaluation of the quality of free secondary legal aid is established.".

Regulations on the commission and its quantitative composition, the mechanism of conducting an independent evaluation of the quality of free secondary legal aid using a peer review tool, the procedure for conducting a competitive selection of expert lawyers to conduct this evaluation shall be approved by the Ministry of Justice of Ukraine.

 

Popular news

Protecting the legal profession, cybersecurity and support for advocates: common themes for the IBA and the UNBA

Support

Protecting the legal profession, cybersecurity and support for advocates: common themes for the IBA and the UNBA

On September 18, a working meeting was held at the office of the Ukrainian National Bar Association with Executive Director of the International Bar Association (IBA) Mark Ellis. The parties discussed the Ukrainian advocacy profession’s participation in European legal processes, the protection of the UNBA’s digital infrastructure, psychological support for advocates and future areas of cooperation.

19:46 Fri 18.09.26 132
Tax residency of Ukrainians abroad: what matters

Educational events

Tax residency of Ukrainians abroad: what matters

The determination of tax residency for Ukrainians who have been living abroad for an extended period depends on the combination of their personal and economic ties to each country. The established status determines the procedure for reporting income, paying taxes and fulfilling CFC reporting obligations.

18:19 Thu 17.09.26 115
Are Europe's advocacy associations prepared for a potential war? V. Gvozdiy shared lessons from the Ukrainian experience

War

Are Europe's advocacy associations prepared for a potential war? V. Gvozdiy shared lessons from the Ukrainian experience

The continuity of the bar’s self-governance, the protection of professional registries and archives, as well as equal guarantees of employment for advocates, judges, and prosecutors must be enshrined in advance in legislation in the event of war or another emergency.

9:42 Mon 14.09.26 170
Payments to military personnel require clear and uniform criteria — UNBA Committee

Legal defence of military personnel

Payments to military personnel require clear and uniform criteria — UNBA Committee

The vagueness of terms in subordinate regulatory acts leads to differing interpretations of the grounds for paying additional compensation to military personnel. The UNBA has proposed harmonizing these acts and establishing transparent criteria for the allocation of funds.

16:45 Wed 09.09.26 107
Former CCBE President James MacGuill has passed away

Tragic news

Former CCBE President James MacGuill has passed away

The Ukrainian National Bar Association expresses its condolences on the passing of James MacGuill — a renowned Irish advocate and former president of the Law Society of Ireland and the Council of Bars and Law Societies of Europe (CCBE).

10:27 Mon 07.09.26 117
How DISC helps manage «tigers», «monkeys», «elephants» and «turtles»

Educational events

How DISC helps manage «tigers», «monkeys», «elephants» and «turtles»

The same instruction from a manager may motivate one employee to take action, while leaving another without the necessary guidance. People perceive work tasks differently: for some, a deadline and the expected outcome are enough, while others need explanations, time or a detailed plan.

11:22 Tue 01.09.26 172
The Council of Europe Convention will strengthen constitutional guarantees of human rights – M. Stavniychuk

Guarantees of the practice of law

The Council of Europe Convention will strengthen constitutional guarantees of human rights – M. Stavniychuk

The exclusive right of an advocate to represent another person in court, as enshrined in the Constitution, should be viewed as an integral part of the mechanism for protecting human rights in Ukraine. Furthermore, ratification of the Council of Europe Convention on the Protection of the Professions of Lawyer could strengthen the substance of this and other guarantees.

10:45 Mon 31.08.26 114
The Verkhovna Rada is preparing a bill to implement the Convention on the Protection of the Professions of Lawyer

Legislation

The Verkhovna Rada is preparing a bill to implement the Convention on the Protection of the Professions of Lawyer

Members of Parliament plan to introduce a bill in the near future to implement the main provisions of the Council of Europe Convention on the Protection of the Professions of Lawyer. This parliamentary initiative may also prompt the government to expedite the preparation of the ratification package.

12:13 Fri 28.08.26 196

Надішліть файл із текстом публікації у форматі *.doc, фотографію за тематикою у розмірі 640х400 та Ваше фото.

Оберіть файл