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

Advocacy
10:13 Tue 19.03.24 52 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

Advocacy

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.

12:32 Tue 19.03.24 133

Advocacy

Violation of media guarantees of advocacy is being studied by the UNBA

An open appeal of the Ukrainian National Bar Association's Committee on Information Policy and Interaction with the Mass Media to the advocates.

18:48 Mon 04.03.24 148

Advocacy

Lawyers are offered to be booked - amendments to draft law No. 10449

In their amendments to the draft law on strengthening mobilization, MPs propose to provide for the booking of lawyers. The goal is to prevent disruptions of court hearings.

13:48 Fri 01.03.24 173

Advocacy

E-Court failures violate constitutional guarantees – UNBA

In recent days, the Ukrainian National Bar Association has received numerous reports from lawyers about technical failures in the operation of the Electronic Court subsystem. In particular, the complaints relate to the inability to log in to the electronic office, which restricts advocates in exercising their procedural rights, in particular, to submit documents and participate in court hearings in the videoconference mode.

18:05 Thu 29.02.24 177

Advocacy

Fixed fee: time of work is important for reimbursement of attorney's fees – SC

The procedure for calculating the hourly fee differs from the fixed fee, which does not take into account the actual time spent. However, in both cases, they are taken into account when deciding on the reimbursement of legal aid expenses.

13:22 Thu 29.02.24 169

Advocacy

Attorneys' declarations: what does the changing position of the NAPC indicate?

When the Constitutional Court began to consider the case on the submission of declarations by representatives of the bar's disciplinary bodies, the National Agency for the Prevention of Corruption declared a constitutional crisis and threats to the entire declaration system. But earlier, officials had a completely different opinion on this issue.

17:43 Fri 23.02.24 149

Advocacy

The price of a claim for minor disputes will be significantly reduced - draft law

The current amounts of the claim price (as a criterion for classifying a case as minor) are significantly higher than the subsistence minimum and minimum wage and do not correspond to the understanding of the case and the dispute in it as minor. Accordingly, they should be revised downward.

16:58 Wed 21.02.24 131

Advocacy

The BCU has removed controversial issues of training standards for young lawyers

The Procedure for the Continuing Legal Education of Advocates of Ukraine provides for special requirements for training in the first three years (after obtaining a certificate) of an advocate's practice. In practice, technical issues have arisen in the application of these requirements.

15:14 Thu 15.02.24 190

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

Оберіть файл