7 main problems of the FLA system outlined in the report: broadcast of the presentation

Advocacy
10:13 Tue 19.03.24 623 Reviews
Print

The deepening crisis in the relations between the state and the bar in the field of free legal aid, the UNBA's position being ignored for a long time, has led to fundamental changes characterized by the loss of the primary focus on the individual as the highest value by the FLA system.

This is stated in the Report on topical issues of the functioning of the legal aid system in Ukraine, which is presented today, March 19, by the Ukrainian National Bar Association.

The document, prepared by the UNBA Committee on Legal Aid, demonstrates the cause-and-effect relationships that determine the existence of problems in the FLA system and effective ways to solve them.

The main problems include:

1. Monitoring the quality of FLA provision.

2. Distribution and fulfillment of orders for FLA provision.

3. Payment for the services of lawyers.

4. Appointment of a lawyer to participate in a separate procedural action.

5. Participation of advocates in criminal proceedings in absentia.

6. Identification of the advocate with the client.

7. Termination of the provision of free legal aid in suspended criminal proceedings.

Despite the proactive partnership, creation and testing of its own (not funded by the state budget) resources for the administration and service provision of the Bar, the Ukrainian National Bar Association was artificially deprived of the status of a partner in the implementation of the state policy in the field of FLA provision, and its institutional capacity was completely ignored.

In particular, in the absence of any need for this and simultaneously with the existence of working mechanisms in the bar, the state has created and financed at the expense of taxpayers the procedures for selecting lawyers, their training, maintaining their registry, assessing the quality of their work, resources for communication with them, etc., which are implemented by the state institution - the Coordination Center for Legal Aid Provision. At the same time, the quality of the work of advocates is assessed by the staff of state bodies or local governments, who often have no idea about the specifics of the work of an advocate.

The UNBA systematically states that all this leads to a distortion of the model of the Bar and violation of the rights of lawyers. In addition, the ultimate bearer of the burden of all negative changes is the recipient of assistance - the one for whom and for whom this system was supposed to work.

In addition, a significant portion of the funds allocated for FLA is spent on the administration of resources and procedures that the bar proposed to implement for the benefit of legal aid recipients without funding from the state budget.

The report also notes that the constitutional and legislatively defined model of guaranteeing the right to professional legal aid to everyone includes a special executor of the organization of its provision - the bar. And it is the advocates, as special entities that meet specially defined requirements, and the activities they carry out to provide legal aid, the quality of which is guaranteed by special procedures and mechanisms, that are the defining elements of this model of providing everyone with professional, not just any, legal aid. In this context, the legal grounds and content of the activities of the FLA centers are of particular importance, since they actually perform not only administrative functions of mediation between other subjects of legal relations on the provision of FLA (between recipients and providers of FLA), but also a significant part of substantive functions.

Popular news

A report on Ukrainian advocacy was presented in the European Parliament

Self-government

A report on Ukrainian advocacy was presented in the European Parliament

Can a shadow report on advocacy replace the political framework of the Roadmap on the rule of law with demands for the restructuring of self-government? Where is the line between accountability and the seizure of institutions? And how can we respond to narratives with data rather than impressions?

15:28 Fri 06.02.26 155
Proceedings opened following attack on advocate in Dnipro

Guarantees of the practice of law

Proceedings opened following attack on advocate in Dnipro

The Committee for the protection of advocates' rights and guarantees of legal practice of the UNBA appealed to law enforcement agencies in connection with an advocate's report of an attack while performing his professional duties. The information was entered into the Unified Register of Pre-trial Investigations and a pre-trial investigation was initiated.

15:53 Wed 04.02.26 155
UNBA office opens in EU capital

Abroad

UNBA office opens in EU capital

To strengthen the institutional presence of the Ukrainian advocacy community at the European level, an office of the Ukrainian National Bar Association has been opened in Brussels (Belgium), which will serve as a permanent platform for dialogue with European partners.

18:21 Thu 29.01.26 140
The President was urged to sign the law on strengthening guarantees for advocacy activities

Guarantees of the practice of law

The President was urged to sign the law on strengthening guarantees for advocacy activities

The professional community of advocates called on Ukrainian President Volodymyr Zelenskyy to sign Law No. 4547-IX, which strengthens guarantees for advocates' activities, in particular by introducing liability for identifying an advocate with a client.

13:06 Tue 27.01.26 108
Lidiya Izovitova received an award from the Czech Bar Association

Greetings

Lidiya Izovitova received an award from the Czech Bar Association

On January 23, during the gala evening of the Lawyer of the Year 2025 competition in Prague, Monika Novotná, President of the Czech Bar Association (ČAK), presented Lidiya Izovitova, President of the UNBA, BCU, with the Order of the Czech Bar, an award for distinguished representatives of foreign bar associations.

12:09 Mon 26.01.26 103
Oleksiy Shevchuk appointed to the Competition Commission for the selection of SAPO management

Appointment

Oleksiy Shevchuk appointed to the Competition Commission for the selection of SAPO management

Prosecutor General Ruslan Kravchenko issued order No. 405 of December 23, 2025, on the appointment of members of the Competition Commission, which will select candidates for vacant administrative positions in the Specialized Anti-Corruption Prosecutor's Office (SAPO).

13:35 Fri 23.01.26 102
Identifying an advocate with a client is a blow to justice, — V. Gvozdiy

Guarantees of the practice of law

Identifying an advocate with a client is a blow to justice, — V. Gvozdiy

By defending individuals in criminal proceedings, advocates are in fact fighting for every person's right to a fair trial. Therefore, any identification of an advocate with their client is a blow not only to the profession, but also to justice itself.

13:10 Mon 19.01.26 115
Impunity for public stigmatization of advocates violates the constitutional right to defense

Guarantees of the practice of law

Impunity for public stigmatization of advocates violates the constitutional right to defense

The prohibition of identifying an advocate with a client is an international standard enshrined in the Law «On advocacy and legal practice». However, without accountability, this guarantee does not work, which poses a direct threat to the realization of the right to defense and the principle of adversarial proceedings.

13:11 Fri 16.01.26 128

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

Оберіть файл