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

Advocacy
10:13 Tue 19.03.24 125 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

Regarding the NACP's Pressure on the Constitutional Court of Ukraine: Statement of the Bar Council of Ukraine

On June 11, the National Agency for the Prevention of Corruption published a news item on its website entitled «Should members of the Qualification and Disciplinary Commissions of the Bar Declare: Whose Side Will the CCU Take?», in which it called on the public, journalists and international partners to closely monitor the consideration by the Constitutional Court of Ukraine of the complaint filed by Oksana Bukhtoyarova, a member of the Disciplinary Chamber of the Qualification and Disciplinary Commission of the Bar of the Zakarpattia Region, regarding the constitutionality of certain provisions of the Law of Ukraine «On Prevention of Corruption». The CCU hearing on this case is scheduled to take place at 10 a.m. on June 12, 2024.

12:47 Wed 12.06.24 198

Advocacy

Payment for the services of a lawyer should be made for each subject of the FLA

Numerous appeals of lawyers to the Ukrainian National Bar Association show that there is a problem of arbitrary interpretation of the rules on payment for services and reimbursement of lawyers' expenses by the centers for providing free secondary legal aid.

16:23 Sat 08.06.24 196

Advocacy

It is suggested to book 25% of lawyers and representatives of other professional organizations

The lack of booking of lawyers, insolvency receivers, notaries, and private enforcement officers has a negative impact on all sectors of life support, especially the justice system and law enforcement agencies. It makes it difficult for the state to fulfill its functions, and it undermines the rule of law and legitimacy.

15:13 Sat 08.06.24 199

Advocacy

Advocacy is allowed to be combined with lobbying – BCU

A person who has a certificate of the right to practice law may, subject to the relevant procedures, simultaneously be a subject of lobbying.

11:52 Sat 08.06.24 291

Advocacy

Advocates should not be responsible for communication during court hearings

In the context of permanent blackouts and instability of telecommunication equipment, lawyers and other participants in court cases should not be responsible for the risks of technical impossibility of participating in a videoconference during a court hearing.

10:29 Sat 08.06.24 181

Advocacy

The profession of lawyer is more popular among men - Valentyn Gvozdiy

According to the Unified Register of Advocates of Ukraine, there are 47.2 thousand active lawyers registered. Despite the war, the gender ratio in the profession remains unchanged.

16:31 Fri 07.06.24 178

Advocacy

Increased pressure on lawyers means a deterioration in the human rights situation in the country

Recent legislative changes to the mobilization and military registration procedure have introduced additional responsibilities for men liable for military service. In particular, they have until July 16 to update their data. However, representatives of the TCC are not waiting for this date. Already today, they are demanding to see the relevant confirmations during the checks of military registration documents. This leads to conflict situations and, consequently, human rights violations. This raises the question of the role of lawyers providing professional legal aid.

15:32 Fri 07.06.24 170

Advocacy

President is urged to book lawyers (petition)

To include lawyers, free legal aid workers, public and private bailiffs in the list of persons entitled to deferment and reservation for the period of mobilization.

14:47 Mon 03.06.24 178

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

Оберіть файл