Amendments to the Law on free legal aid without consulting with an advocacy violate European standards – Lydia Izovitova
If there is a professional independent organization in the state, namely the bar, the executive power must coordinate with it all issues related to the organization of free legal aid.
Otherwise, it is a violation of European standards.
This was emphasized by the Head of UNBA, Bar Council of Ukraine Lydia Izovitova 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.
During the round table an analysis of the compliance of the draft law №5107 "On Amendments to Certain Legislative Acts of Ukraine on Facilitating Access to Free Legal Aid and Improving the Quality of Its Provision" to Council of Europe standards, prepared by international experts of the Council of Europe, was presented.
In introductory speech Lydia Izovitova stressed that this bill, like the previous one on simplifying access to the free legal aid, was re-submitted to parliament without discussion with the bar, which is a gross violation of European standards.
"Finally, the Bar thanks that Deputy Minister of Justice Valeria Kolomiets has appeared before us and finally we have the opportunity to take part in the discussion not only of the report, but also of the Bill №5107, which appeared in the Parliament on February 19, 2021 without discussion with the bar community. That is, in violation of the existing European standard: if there is a professional independent organization of attorneys, the executive power should coordinate the issues of the bar with it, with attorneys, if they provide any legal positions, "- said the Head of UNBA, Bar Council of Ukraine.
The bar community also emphasizes the violation of the procedure for submitting the bill №5107 to the parliament.
“If the draft law is based on the expert opinion of the Council of Europe "Support to the Judiciary of Ukraine in Ensuring Better Access to Justice", then, perhaps, this is us who should firstly discuss this report, talk it over, take the best from it, and only then resolve the issue of submission of this bill to parliament. Especially as we are in a position not to rewrite the established rules of the game, but to develop our legislation on the established rules," - Lydia Izovitova said.
The Head of UNBA, Bar Council of Ukraine reminded that these rules were outlined in the joint program of the Council of Europe and the European Commission "Transparency and efficiency of the judicial system of Ukraine" in particular and in the relevant expert opinion. She stressed that Ukraine developed and adopted legislation on free legal aid in 2012 in order to fulfil its obligations to the Council of Europe.
These rules are based on the division of functions between government bodies and the bar. In fact, it is stipulated that government bodies must provide funding or organize free legal aid. Such free legal aid should be provided only by independent attorneys. And this standard of the joint program of the Council of Europe and the European Commission for the Bar that has become a guideline for the development of the free legal aid system in the country.
"It is this standard that we, the bar, focus on. And we are very critical of any deviations from this standard. We consider such deviation as a violation. Even when it came to some deviations, we said that in our poor country we should not spend our budgets thoughtlessly. We have self-government bodies and the state could only finance the free legal aid system and its organization. We could take over its provision as bar self-government bodies. That is why today we take with great caution, and sometimes with criticism, the report prepared in February-June 2016 on "Supporting the Judiciary in Ukraine in Ensuring Better Access to Justice" in the part that does not meet the proclaimed standard regarding the division of functions between the government and advocacy," -Lydia Izovitova said.
It will be recalled that in April the Bar Council of Ukraine called for the draft laws "On Amendments to Certain Legislative Acts of Ukraine on Facilitating Access to Free Legal Aid and Improving the Quality of Its Provision" dated February 19, 2021, №5107 and "On Amendments to Certain Legislative Acts of Ukraine on Facilitating Access to Free Legal Aid and Improving the Quality of Its Provision" dated March, 09, 2021, №5107-1 to be sent for revision, as they were prepared and registered without the participation of the bar community.
Popular news
Practice of law
BCU strengthens its position on the right of advocate to prioritize cases
In legal practice, it is not uncommon for court hearings in different cases to be scheduled at the same time. This raises the question: which case should the advocate attend first, and can the court interfere with this decision?
Edition
Advocate or lobbyist? The UNBA has presented a guide to distinguishing between the professions
The Ukrainian National Bar Association has prepared a guide that helps distinguish between the legal status of an advocate and a lobbyist, explains the limits of permissible activities for each, and prevents possible violations of ethical and legal standards when participating in public policy-making.
Announcements
Essay contest on the synergy of human and artificial intelligence in diplomacy has begun
The Educational and Scientific Institute of International Relations at Taras Shevchenko National University of Kyiv invites students from higher education institutions in Ukraine to participate in the Second All-Ukrainian essay competition on the topic «Modern Ukrainian diplomacy: synergy of human and artificial intelligence in defending national interests».
Abroad
Where is the line between respect for the court and the dignity of an advocate?
Ukrainian advocates sometimes complain about condescending attitudes or tactless remarks from judges. But such conflicts are not unique to Ukraine. In various countries, advocates raise issues of communication culture in court, mutual respect, and the inadmissibility of humiliating participants.
Discussion
Occupational safety during wartime: legal risks and employer liability
On October 21, the National Bar Association of Ukraine held a round table discussion on «Occupational safety in conditions of martial law». Participants discussed how the war has changed the requirements for safe working conditions, what guarantees remain for employees, and what responsibility employers bear for violations of legislation in this area.
Abroad
The Czech advocacy has spoken out in defense of the professional independence of its Ukrainian colleagues
The Czech Bar Association (Česká advokátní komora, ČAK) will appeal to Ukrainian President Volodymyr Zelenskyy and Ukrainian authorities to ensure the preservation of the independence of advocacy in Ukraine.
Legal defence of military personnel
When agreement is (im)possible: family disputes involving military personnel
The number of family cases involving military personnel is growing, with the most common issues being divorce, division of joint property, alimony, deprivation or contestation of parental rights, adoption, establishment of guardianship, and cases related to domestic violence.
Self-government
Marina Stavniychuk: The UNBA is a professional organization, not a monopoly
A unitary state requires uniform standards for access to the profession and disciplinary responsibility, which is why the Ukrainian National Bar Association acts as a professional organization. Accusations of monopoly are false, because public associations cannot replace professional self-government.
Publications
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
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