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

Advocacy
10:13 Tue 19.03.24 729 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

The UNBA presented the CCBE with an overview of legal reform and challenges

European integration

The UNBA presented the CCBE with an overview of legal reform and challenges

Reform of the legal profession, Ukraine’s European integration commitments, guarantees of the profession’s independence, and practices of bar self-governance in European countries — these issues were the subject of discussion at the Council of Bars and Law Societies of Europe (CCBE).

14:39 Mon 01.06.26 112
New rules, old problems: the UNBA discussed the work of the ETAIDF and MMC

Discussion

New rules, old problems: the UNBA discussed the work of the ETAIDF and MMC

The reform of medical-social assessment and military medical commissions has changed procedures but has not resolved practical issues. People face situations where documents are not issued, decisions are based on technicalities, assessments are delayed, and they struggle to demonstrate their actual health status in specific life situations.

16:18 Wed 27.05.26 106
Co-parenting shouldn't be reduced to a 50/50 formula, — roundtable discussion

Discussion

Co-parenting shouldn't be reduced to a 50/50 formula, — roundtable discussion

Following a divorce, joint custody can serve as a mechanism for ensuring equal parental rights. However, this model requires clear criteria and cannot be applied automatically without taking into account the child’s age, the level of conflict between the parents, the risk of violence, and the feasibility of enforcing the future decision.

17:02 Wed 20.05.26 102
Penalties for errors in military registration require clear rules, – UNBA

Legislation

Penalties for errors in military registration require clear rules, – UNBA

The liability of officials for violations of military registration rules must be legally defined, proportionate, and effectively enforceable. Otherwise, the new fines will not protect citizens from registration errors but will create additional risks.

18:14 Mon 18.05.26 142
Lidiya Izovitova: In the context of European integration reforms, advocacy is a partner of the state, not a target of reform

European integration

Lidiya Izovitova: In the context of European integration reforms, advocacy is a partner of the state, not a target of reform

The war has significantly altered the working conditions for advocates, while European integration has presented the profession with new institutional challenges. The ongoing negotiation process covers issues such as the rule of law, judicial independence, fundamental rights, justice, freedom and security.

15:13 Fri 15.05.26 170
The Verkhovna Rada discussed the next steps for ratifying the Convention on the Protection of the Professions of Lawyer

Guarantees of the practice of law

The Verkhovna Rada discussed the next steps for ratifying the Convention on the Protection of the Professions of Lawyer

The Verkhovna Rada Committee on legal policy held a working meeting to prepare for the ratification of the Convention for the Protection of the Profession of Lawyer. The meeting was attended by members of parliament, representatives of the Office of the President, the Ministry of Justice, the Ministry of Foreign Affairs and the Ukrainian National Bar Association.

13:12 Thu 14.05.26 182
Valentin Gvozdiy: Ukraine’s ratification of the Convention for the Protection of the Profession of Lawyer – is a matter with concrete implications

Guarantees of the practice of law

Valentin Gvozdiy: Ukraine’s ratification of the Convention for the Protection of the Profession of Lawyer – is a matter…

Exactly one year ago, on May 13, 2025, in Luxembourg, during the 134th session of the Committee of Ministers of the Council of Europe, the Convention for the Protection of the Profession of Lawyer was opened for signature. Today, the Verkhovna Rada Committee on legal policy held a working meeting to prepare for its ratification. Between these two dates lies a year, during which (on March 9) Ukraine became the 28th signatory state. We spoke about this new phase with the Vice President of the UNBA, BCU Valentin Gvozdiy, who was personally involved in the preparation of this international instrument.

19:23 Wed 13.05.26 236
Mental health, archives and cybersecurity: The UNBA and the IBA reviewed the progress of joint projects

Support

Mental health, archives and cybersecurity: The UNBA and the IBA reviewed the progress of joint projects

The Ukrainian National Bar Association and the International Bar Association (IBA) reviewed the progress of joint projects that are of practical importance in the context of the war: supporting the mental health of advocates, digitizing archives, and strengthening the cybersecurity of the legal infrastructure.

18:27 Fri 08.05.26 234

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

Оберіть файл