Only lawyers have the right to control the quality of free legal aid

Advocacy
19:00 Wed 11.10.23 532 Reviews
Print

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

Proceedings against military personnel following AWOL require clear deadlines — UNBA

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.

19:04 Fri 16.10.26 149
The UNBA warned of the risk of customs barriers for Ukrainian paper and furniture

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.

11:12 Fri 16.10.26 109
Guarantees for advocacy without protective measures: proposed changes to the codes

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.

19:41 Tue 13.10.26 153
Exceptions to the state prosecutor's representation in court must be consistent with the CCU's decision

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.

14:32 Fri 09.10.26 102
How can an advocate defend a client whose data is processed by the Interpol system?

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?

16:27 Thu 08.10.26 105
A bill implementing the Convention on the Protection of the Professions of Lawyer has been introduced

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.

14:08 Mon 05.10.26 275
War-related business losses: from documenting damage to seeking sources of compensation

Discussion

War-related business losses: from documenting damage to seeking sources of compensation

How can businesses document war-related losses without losing evidence during the recovery process? What does an insurance policy actually cover, and where can assets be found for recovery? These are the questions facing businesses for which a court ruling does not yet mean actual compensation.

15:28 Fri 02.10.26 132
The CCBE is discussing European justice and issues related to the protection of advocates

Abroad

The CCBE is discussing European justice and issues related to the protection of advocates

Today, October 2, a meeting of the Standing Committee of the Council of Bars and Law Societies of Europe (CCBE) is taking place in Brussels. On the agenda are the protection of the advocate profession, the rule of law, attorney-client privilege, and changes in the European justice system.

14:04 Fri 02.10.26 207

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

Оберіть файл