Another model should be introduced for the FLA system, - Lidiya Izovitova

Advocacy
12:32 Tue 19.03.24 230 Reviews
Print

Monitoring of the current state of functioning of the legal aid system shows the existence of significant and conceptual problems in the implementation of this assistance in Ukraine.

This was emphasized by Lidiya Izovitova, the President of the Ukrainian National Bar Association, Bar Council of Ukraine, during the presentation of the UNBA Report on the current issues of the FLA system.

She noted that the FLA system has always been an object of special attention of the Bar. After all, over the past ten years, the UNBA has adopted more than seventy decisions related to the operation of this system.

The President of the UNBA explained why the Bar pays so much attention to the problems of FLA and monitors the situation.

«First of all, we observe whether citizens are properly and efficiently provided with legal aid, and secondly, whether the state provides lawyers with appropriate conditions for the realization of their independent professional activity. We also monitor whether the state ensures the professional rights of lawyers in the system and whether the independence of the bar from the state is guaranteed under the current model of the free legal aid system, - she commented. - After all, it is lawyers who provide free secondary legal aid, which includes defense, suspects, accused, detainees and arrested persons».

Free secondary legal aid is a type of state guarantee that creates equal opportunities for people to access justice. Therefore, the report actually demonstrates how the state ensures these guarantees.

Among the problems identified in the course of the monitoring, L. Izovitova mentioned:

  • interference with the legal position of an advocate by imposing its own standards and defense algorithms developed by the FLA system;
  • interference with the professional activities of the advocate by inducing the disclosure of the attorney-client privilege;
  • violation of the independence of the advocate by checking the quality, timeliness and completeness of legal aid provided by the advocates by the employees of the FLA centers, which is essentially a check of the advocate's file, which constitutes the attorney-client privilege. 

Separately, the UNBA Head highlighted the problems of the economic component of the activity, especially with the remuneration of lawyers. «In addition to the low amount of payment, there is the problem of constant delays, instability and unpredictability of payment terms, - explained L. Izovitova. - It is already mid-March and for 2.5 months of 2024, lawyers in the free legal aid system have not yet received a single penny!».

She also drew attention to the fact that budget expenditures for the free legal aid system itself are always much higher than for paying lawyers.

Thus, according to available information, in 2022, budget expenditures for the FLA system amounted to UAH 606 million. At the same time, only UAH 385 million was allocated to pay for the work of lawyers. In 2023, the situation is similar: UAH 491 million for the FLA system and UAH 311 million for the work of lawyers.

«The UNBA has repeatedly drawn attention to the inexpediency of spending significant funds from the state budget on the organization of the FLA activities, the amount of which exceeds the amount of funds that are sent directly to the persons providing this assistance, - L. Izovitova commented on the figures, noting that this state of «governance» should encourage the state to find a way out of the current situation.

«The report that is presented today demonstrates the need for legislative changes and the introduction of a different organizational model of the legal aid system, and the bar is ready to join their development», summarized the President of UNBA.

The report on the current issues of the FLA system was sent to the President, the Chairman of the Verkhovna Rada, the Prime Minister, the Minister of Justice, the Prosecutor General, the Ombudsman, the Chairman of the Accounting Chamber, the Council of Europe Office in Ukraine, the International Bar Association, ambassadors of European countries and other institutions and organizations.

Popular news

Advocacy

Regarding the NACP's Pressure on the Constitutional Court of Ukraine: Statement of the Bar Council of Ukraine

On June 11, the National Agency for the Prevention of Corruption published a news item on its website entitled «Should members of the Qualification and Disciplinary Commissions of the Bar Declare: Whose Side Will the CCU Take?», in which it called on the public, journalists and international partners to closely monitor the consideration by the Constitutional Court of Ukraine of the complaint filed by Oksana Bukhtoyarova, a member of the Disciplinary Chamber of the Qualification and Disciplinary Commission of the Bar of the Zakarpattia Region, regarding the constitutionality of certain provisions of the Law of Ukraine «On Prevention of Corruption». The CCU hearing on this case is scheduled to take place at 10 a.m. on June 12, 2024.

12:47 Wed 12.06.24 198

Advocacy

Payment for the services of a lawyer should be made for each subject of the FLA

Numerous appeals of lawyers to the Ukrainian National Bar Association show that there is a problem of arbitrary interpretation of the rules on payment for services and reimbursement of lawyers' expenses by the centers for providing free secondary legal aid.

16:23 Sat 08.06.24 196

Advocacy

It is suggested to book 25% of lawyers and representatives of other professional organizations

The lack of booking of lawyers, insolvency receivers, notaries, and private enforcement officers has a negative impact on all sectors of life support, especially the justice system and law enforcement agencies. It makes it difficult for the state to fulfill its functions, and it undermines the rule of law and legitimacy.

15:13 Sat 08.06.24 199

Advocacy

Advocacy is allowed to be combined with lobbying – BCU

A person who has a certificate of the right to practice law may, subject to the relevant procedures, simultaneously be a subject of lobbying.

11:52 Sat 08.06.24 291

Advocacy

Advocates should not be responsible for communication during court hearings

In the context of permanent blackouts and instability of telecommunication equipment, lawyers and other participants in court cases should not be responsible for the risks of technical impossibility of participating in a videoconference during a court hearing.

10:29 Sat 08.06.24 181

Advocacy

The profession of lawyer is more popular among men - Valentyn Gvozdiy

According to the Unified Register of Advocates of Ukraine, there are 47.2 thousand active lawyers registered. Despite the war, the gender ratio in the profession remains unchanged.

16:31 Fri 07.06.24 178

Advocacy

Increased pressure on lawyers means a deterioration in the human rights situation in the country

Recent legislative changes to the mobilization and military registration procedure have introduced additional responsibilities for men liable for military service. In particular, they have until July 16 to update their data. However, representatives of the TCC are not waiting for this date. Already today, they are demanding to see the relevant confirmations during the checks of military registration documents. This leads to conflict situations and, consequently, human rights violations. This raises the question of the role of lawyers providing professional legal aid.

15:32 Fri 07.06.24 170

Advocacy

President is urged to book lawyers (petition)

To include lawyers, free legal aid workers, public and private bailiffs in the list of persons entitled to deferment and reservation for the period of mobilization.

14:47 Mon 03.06.24 178

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

Оберіть файл