Only lawyers have the right to control the quality of free legal aid
The model of interaction between the bar and the bodies involved in the provision of free legal aid, as well as the special status of lawyers in the FLA system, as defined by law, should be reflected at the subordinate level.
Oksana Kadenko, the chairman of the UNBA Committee on Legal Aid, drew attention to this when assessing the draft resolution of the Cabinet of Ministers «Some issues of organization of free primary legal aid provision by local self-government bodies».
The document, which was prepared by the Ministry of Justice, was reviewed on October 11 by the Government Committee on Economic, Financial and Legal Policy, Fuel and Energy Complex, Strategic Industries and Law Enforcement.
It is planned to be approved by a Cabinet of Ministers resolution:
- The procedure for engaging lawyers and other specialists in the relevant field of law by local governments to provide free primary legal aid;
- The procedure for providing free primary legal aid by entities established or contracted by local governments.
Among other issues, the qualification requirements for lawyers proposed for their participation in the provision of free primary legal aid (FLA) and the subjects of quality control of assistance were objected to during the meeting.
Thus, according to the draft Procedure, lawyers who meet the following four requirements will be allowed to provide FLA:
1) availability of information about them in the URAU;
2) at least one year of legal practice experience;
3) participation in the professional development activities of the Ukrainian Bar (during the current or previous year);
4) no disciplinary sanctions (within the last year).
At the same time, there are only two requirements for other legal professionals who can also provide FLA: a higher legal education and at least one year of work experience in the relevant field of law (for the last two years).
Representing the position of the developer, Deputy Minister of Justice Oleksandr Banchuk explained that such requirements for lawyers should provide local governments with ample opportunities to find FLA providers. However, he did not comment on the feasibility of introducing increased requirements for lawyers.
However, Ms. Kadenko called this differentiated approach completely unreasonable and discriminatory. «It is presumed that a lawyer is a professional, highly qualified legal service provider by his status. He or she already has the relevant work experience, has passed the qualification selection, is constantly improving his or her skills, etc. - If the state believes that all lawyers who have one year of work experience after obtaining a bachelor's degree can provide free legal aid, what are the grounds for setting additional higher standards for lawyers?».
As for the quality, completeness, and timeliness of free legal aid, the drafters intend that local governments should monitor this. As the Deputy Minister explained, it is the person who pays for the work who should control the quality of the work.
At the same time, according to Part 2 of Article 25 of the Law «On the Bar and Practice of Law», the provision of free legal aid by lawyers should be evaluated by commissions established for this purpose by regional bar councils. Local self-government bodies are defined only as subjects of application.
«In other words, the law attributes the assessment of the quality of legal aid provision to the functions of the bar self-government, and specific bodies - quality assessment commissions - are designated as the subjects of the assessment», - explained the head of the UNBA's specialized committee.
She insisted that the quality of professional activity cannot be checked outside the bar by third parties. «In fact, the proposed wording of the draft law negates the independence of the bar from state authorities and local self-government bodies guaranteed by law, as the latter receive control functions over lawyers, - noted Kadenko. - According to the law, the bar has created a system of bodies for assessing the quality of free legal aid provision, and this system is able to fulfill its tasks».
«Today there are neither factual nor legal grounds to violate the law and to grant the same powers to local governments», - summarized the UNBA representative.
The Ukrainian National Bar Association will continue to defend the position of inadmissibility of interference of state authorities and local governments in the exercise of self-governing functions by the bar. Therefore, the draft resolution of the Cabinet of Ministers will soon be considered and evaluated by the Bar Council of Ukraine at a special extraordinary meeting.
Popular news
Legislation
UNBA initiatives to implement the Roadmap were supported by international experts
International experts who participated in the inaugural meeting of the Working Group on the implementation of the Roadmap on the rule of law in advocacy and agreed to join it expressed their support for the initiative of the Ukrainian National Bar Association.
Legislation
How will the group responsible for implementing the Roadmap for advocacy operate?
The working group on the implementation of the Roadmap on the rule of law in the area of advocacy will operate at several levels: plenary meetings as a platform for adopting framework decisions, a coordination bureau for compiling documents and calendar control, and thematic subgroups for preparing norms and their justification. International experts will verify the results against European standards and «red lines».
Self-government
BCU: NACP initiatives regarding advocacy are unconstitutional interference
The Bar Council of Ukraine has condemned the initiatives to reform the advocacy proposed by the National Agency for Corruption Prevention as direct, gross, and systematic interference by the executive branch in the activities of an independent constitutional institution.
Self-government
UNBA program for implementation of the Roadmap on the rule of law published
In order to ensure the implementation of measures set out in the Roadmap on the Rule of Law, the Bar Council of Ukraine approved a program for its implementation in relation to the reform of advocacy.
URAU
Access to advocate contacts in URAU has been restored
The Bar Council of Ukraine has opened up public access to data from the Unified Register of Advocates of Ukraine, which was closed at the start of the full-scale invasion in 2022. The decision was made at a meeting on December 12–13.
Self-government
Members of the QDCB are not required to submit declarations - BCU
Bar Council of Ukraine examined the legal status of members of bar self-government bodies and found that they are not required to submit declarations of persons authorized to perform functions of state or local self-government.
Self-government
BCU has identified 12 areas for implementing the Roadmap for advocacy
During its meeting on December 12, the Bar Council of Ukraine considered the Roadmap on the Rule of Law, approved by Order of the Cabinet of Ministers of Ukraine No. 475-r dated May 14, 2025. The document provides for the development and adoption of a draft law on improving the legal regulation of advocacy by the fourth quarter of 2026.
Guarantees of the practice of law
The Ombudsman acknowledged the problem of violation of the human right to legal aid in the TCC
The Verkhovna Rada Commissioner for human rights Dmytro Lubinets confirmed the existence of a problem with ensuring the constitutional right to professional legal assistance in territorial recruitment and social support centers.
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