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

Advocacy
12:32 Tue 19.03.24 540 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

Independent oversight is necessary before using CISA materials against an advocate – Lidiya Izovitova

Guarantees of the practice of law

Independent oversight is necessary before using CISA materials against an advocate – Lidiya Izovitova

Before the prosecution uses information obtained during covert investigative actions and related to an advocate’s activities, independent procedural oversight must be conducted. It is necessary to determine whether such information is covered by attorney-client privilege and whether it may be disclosed.

15:47 Fri 25.09.26 119
Efforts to develop advocacy must be brought to fruition — A. Misyats

Self-government

Efforts to develop advocacy must be brought to fruition — A. Misyats

The Ukrainian advocacy profession is currently going through a critical phase. Amid the war, it must ensure the continuity of legal aid, defend the independence of the profession, and improve qualification and disciplinary procedures in accordance with European standards. The work that has been started must be brought to a practical conclusion.

20:32 Fri 18.09.26 114
Protecting the legal profession, cybersecurity and support for advocates: common themes for the IBA and the UNBA

Support

Protecting the legal profession, cybersecurity and support for advocates: common themes for the IBA and the UNBA

On September 18, a working meeting was held at the office of the Ukrainian National Bar Association with Executive Director of the International Bar Association (IBA) Mark Ellis. The parties discussed the Ukrainian advocacy profession’s participation in European legal processes, the protection of the UNBA’s digital infrastructure, psychological support for advocates and future areas of cooperation.

19:46 Fri 18.09.26 160
Tax residency of Ukrainians abroad: what matters

Educational events

Tax residency of Ukrainians abroad: what matters

The determination of tax residency for Ukrainians who have been living abroad for an extended period depends on the combination of their personal and economic ties to each country. The established status determines the procedure for reporting income, paying taxes and fulfilling CFC reporting obligations.

18:19 Thu 17.09.26 145
Are Europe's advocacy associations prepared for a potential war? V. Gvozdiy shared lessons from the Ukrainian experience

War

Are Europe's advocacy associations prepared for a potential war? V. Gvozdiy shared lessons from the Ukrainian experience

The continuity of the bar’s self-governance, the protection of professional registries and archives, as well as equal guarantees of employment for advocates, judges, and prosecutors must be enshrined in advance in legislation in the event of war or another emergency.

9:42 Mon 14.09.26 206
Payments to military personnel require clear and uniform criteria — UNBA Committee

Legal defence of military personnel

Payments to military personnel require clear and uniform criteria — UNBA Committee

The vagueness of terms in subordinate regulatory acts leads to differing interpretations of the grounds for paying additional compensation to military personnel. The UNBA has proposed harmonizing these acts and establishing transparent criteria for the allocation of funds.

16:45 Wed 09.09.26 130
Finding them isn't enough: issues surrounding the seizure and return of crypto assets

Discussion

Finding them isn't enough: issues surrounding the seizure and return of crypto assets

The technical structure of transactions does not automatically identify the person who controlled the crypto wallet, and courts have reached differing conclusions on whether a digital asset can be seized as physical evidence. So how can one prove ownership of such assets, enforce court orders, and return funds to victims?

12:13 Wed 09.09.26 106
The UNBA will prepare guidelines on lawyers' requests

Legislation

The UNBA will prepare guidelines on lawyers' requests

By the end of 2026, the UNBA Committee on the prevention of administrative offenses committed against advocates will develop guidelines on drafting advocate inquiries and responding to refusals to provide information. There are also plans to standardize the practice of applying Article 212-3 of the Code of Administrative Offenses.

16:23 Mon 07.09.26 112

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

Оберіть файл