Another model should be introduced for the FLA system, - Lidiya Izovitova
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
Guarantees of the practice of law
Ukraine could be the first to implement a European mechanism for the protection of advocates. What’s holding it back?
Ukraine has a chance to be the first country to ratify the Council of Europe Convention on the Protection of the Professions of Lawyer. Political support for this exists, but the government’s legislative package has not yet been submitted to parliament. Meanwhile, the number of violations of advocates’ rights is on the rise.
Interaction
Energy law: the UNBA and the ADMGE have agreed to cooperate
Advocates will deepen their professional expertise in the field of energy law, and participants in the distributed and flexible generation market will have greater opportunities to obtain professional legal assistance.
Discussion
The Ministry of Defense is preparing new procedures for MMC: what changes are being proposed
The Ministry of Defense is establishing an interagency working group to develop a new procedure for military medical examinations conducted by military medical commissions. Among the issues requiring resolution are the issuance of documents based on examination results, referrals for repeat medical examinations, verification of the medical basis for decisions, and the accountability of military medical commission members.
Legal defence of military personnel
The Ministry of Defense has taken into account the UNBA's proposals regarding medical commissions for those released from…
The Ministry of Defense has included in the draft amendments to the procedure for military medical examinations certain proposals from the Ukrainian National Bar Association aimed at simplifying the process of confirming the circumstances of health impairments sustained during captivity and establishing a causal link to the defense of the homeland.
Interaction
The UNBA is developing a concept for a Center for expert research
The Ukrainian National Bar Association has begun work on a concept for a Center for expert research, which is intended to provide advocates and their clients with access to specialized knowledge and the ability to have expert opinions professionally reviewed.
Discussion
Working with non-residents: where tax risks arise for IT-businesses
What are the tax implications of paying a foreign cloud infrastructure provider, and does a Ukrainian specialist’s work on behalf of a non-resident create a risk of establishing a permanent establishment in Ukraine? The answers depend not on the name of the contract or whether the business belongs to the IT sector, but on the actual substance of the transactions.
Guarantees of the practice of law
Ombudsman calls for a firm response to violence against advocates
Every instance of obstruction of an advocate’s lawful activities, use of physical force, delaying an investigation, or concealment of evidence must be subject to a proper legal assessment. The state is obligated to ensure that the right to a defense is a genuine guarantee.
Discussion
Lobbyists are being offered the status of independent professional practice
Individuals engaged in lobbying are being offered the status of independent professionals. To achieve this, it is necessary to amend the Tax Code and the relevant law, as well as to define the specifics of taxing lobbyists’ professional income and expenses.
Publications
Volodymyr Matsko Extradition during wartime: when the risks outweigh the request
Volodymyr Matsko Extradition as a systemic form of rights violations
Victoria Yakusha, Law and Business The anti-corruption vertical cannot «take care» of the Bar as an institution, - acting head of the HQDCB
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