Ukrainian and American Bar Association Meet in Nation’s Capital
Discuss current challenges to the rule of law in Ukraine
Washington DC – (Wednesday, October 28, 2015) – A delegation of the Ukrainian National Bar Association met with representatives of the American Bar Association, Rule of Law Initiative, Wednesday in Washington DC. The aim of the visit by the UNBA was to discuss the role and history of the UNBA in Ukraine and issues of current legal reform in the country. The UNBA delegation was led by it’s Deputy Head Mr. Valentyn Gvozdiy, who was joined by the UNBA Secretary Pavel Grechkivsky and Deputy Head of International Relations Committee Ivan Grechkivsky.
The meeting focused on the still relatively recent establishment of the UNBA and its role vis-à-vis attorneys within Ukraine. Gvozdiy discussed several key relationships they UNBA has formed with international partners, and its initiative to develop a strategic vision for the organization with the help of the Council of Europe and European Union. The discussion also focused on potential threats to legal profession, (first of all for the Bar), and the rule of in Ukraine, and the need for continued reform in this sector, including urgent need of reform in the state’s current imperfect scheme for providing of legal aid according to best world practice.
Participants agreed on the paramount importance of the freedom and exercise of the legal profession, and the independence of attorneys, in well-established and new democracies alike.
Draft law 10449: UNBA submits amendments to the lawyers' booking
In order to ensure the constitutional guarantee of everyone's right to legal aid, the draft law No. 10449 on strengthening mobilization should provide for the reservation of lawyers. The relevant amendments will be sent to the entities involved in the process of preparing the draft law for the second reading.
Notaries and state registrars will be obliged to provide lawyers with information from the registers
When sending lawyers' requests to obtain data contained in state registers, lawyers often receive rejections. The recipients of the requests give various reasons for this. But these refusals impede the professional performance of professional duties!
Legal fees: how much do lawyers pay abroad
In all countries, advocates pay contributions to ensure the implementation of bar self-government in one way or another. Sometimes they are higher, sometimes lower. Sometimes it depends on the region or the length of service of the advocate. Some bar associations introduce the possibility of installments.
Financial monitoring: when a lawyer must submit reports to the Ministry of Justice
Attorneys, law firms and law associations become specially designated subjects of initial financial monitoring only when they support certain transactions. Therefore, they must ensure the organization and conduct of initial financial monitoring.
Problems of the FLA system were discussed by the Ombudsman
Due to the lack of control established by law, the quality of legal aid provision in the country is gradually declining. And experienced lawyers lose motivation to cooperate with the FLA system.
The circle of FLA recipients should be expanded, - BCU
Although the UNBA Committee on Legal Aid has consistently advocated for narrowing the list of persons entitled to free legal aid, there is one category of citizens in Ukraine who are unreasonably restricted in their right to receive such aid.
How lawyers subject to financial monitoring should report to the Ministry of Justice - clarification of the BCU
Attorneys, law firms and associations, in cases where they are specially designated subjects of primary financial monitoring, must submit reports to the relevant interregional departments of the Ministry of Justice of Ukraine.
Advocate's fee in 2024: BCU reminded the amount
The annual contribution to ensure the implementation of the bar self-government is traditionally tied to the amount of the subsistence minimum for able-bodied persons established as of January 1 of the relevant calendar year.