Lawyers loyal to the state earn more – report

Advocacy
12:58 Fri 22.03.24 657 Reviews
Print

The manual distribution of assignments between lawyers in secondary legal aid centers creates corruption risks and violates the principle of independence of the practice of law.

The UNBA Legal Aid Committee drew attention to this problem in its Report on topical issues of the functioning of the legal aid system in Ukraine, which was presented to the public on March 19.

The amount of remuneration of attorneys providing secondary legal aid is determined in accordance with the Methodology for its calculation, approved by the Cabinet of Ministers of Ukraine dated September 17, 2014, No. 495. The calculation takes into account, among other things, the gravity of the crime of which the person is suspected, the number of accomplices and episodes according to the case file, and other indicators.

The Report notes that, depending on these indicators, the amount of payment for legal aid varies significantly. For example, the scope of work of a defense counsel in the investigation of cases under Part 3 of Article 187 (robbery with breaking and entering) of the Criminal Code and Part 1 of Article 185 (theft) of the Criminal Code may be identical. However, in the first case, according to the Methodology, the payment will be much higher, so these cases are more interesting for lawyers.

And it seems that this is actively used by the FLA system. There are numerous complaints from lawyers that some are assigned to cases of minor crimes only, while others are assigned to cases of serious and especially serious crimes. Because the question of which lawyer will receive an assignment in a particular case is decided by the staff of regional centers for free secondary legal aid, sometimes at the direction of the management. And the loyalty of the lawyer to the officials directly affects the content of the assignments.

«The fact that the distribution of assignments between lawyers has been carried out manually since the beginning of the FLA system creates direct corruption risks. After all, defense attorneys are constantly dependent on the staff of the centers, - explains Oksana Kadenko, Chairman of the UNBA Committee on Legal Aid. - In addition, giving preference to loyal lawyers in this way creates ample opportunities for interference with the legal position of the defense attorney in the case. And this completely eliminates the independence of a lawyer».

With the introduction of the centralized issuance of powers of attorney in 2022, the situation has improved somewhat. However, this has raised the problem of feedback, which is often impossible to obtain, especially after hours.

Therefore, the bar has consistently insisted on the need to introduce automated distribution of powers of attorney and establish liability for unauthorized interference with the auto-distribution system.

«It is clear that the current corruption risks in the distribution of assignments should be eliminated, - said Valentyn Gvozdiy, the Vice President of UNBA, BCU. - To do this, we believe it is necessary to develop and approve the Coordination Center's Anti-Corruption Program together with the Bar Council, introduce a mechanism for the Bar to control the functioning of the FLA system at both national and regional levels, and form at least half of the Supervisory Board of the Coordination Center from among lawyers».

 

 

Popular news

How DISC helps manage «tigers», «monkeys», «elephants» and «turtles»

Educational events

How DISC helps manage «tigers», «monkeys», «elephants» and «turtles»

The same instruction from a manager may motivate one employee to take action, while leaving another without the necessary guidance. People perceive work tasks differently: for some, a deadline and the expected outcome are enough, while others need explanations, time or a detailed plan.

11:22 Tue 01.09.26 105
The Verkhovna Rada is preparing a bill to implement the Convention on the Protection of the Professions of Lawyer

Legislation

The Verkhovna Rada is preparing a bill to implement the Convention on the Protection of the Professions of Lawyer

Members of Parliament plan to introduce a bill in the near future to implement the main provisions of the Council of Europe Convention on the Protection of the Professions of Lawyer. This parliamentary initiative may also prompt the government to expedite the preparation of the ratification package.

12:13 Fri 28.08.26 153
The UNBA honored the winners of the «In the language of prose» contest and opened a fashion exhibition

Greetings

The UNBA honored the winners of the «In the language of prose» contest and opened a fashion exhibition

The competition was organized by the UNBA Committee on humanitarian issues and creative initiatives in cooperation with the Center for advocacy and legal research. Two dozen advocates from various regions of Ukraine submitted their works to the competition committee for consideration. The entries were evaluated based on originality, the relevance of the chosen topic and the level of technical skill.

17:39 Fri 21.08.26 102
Preparing a court argument: 7 tips for advocates

Educational events

Preparing a court argument: 7 tips for advocates

When preparing a courtroom speech, it is best to begin by formulating the decision the advocate is asking the court to render. Next, the structure of the speech should be built around this outcome, strong arguments should be selected, and weak points should be addressed.

11:13 Fri 21.08.26 113
Advocates’ access to the TCC and the SP should be regulated by law – Ombudsman

Legislation

Advocates’ access to the TCC and the SP should be regulated by law – Ombudsman

The practice of denying advocates access to the premises of the TCC and the SP bears the hallmarks of systematic obstruction of the legal profession and deprives people of the opportunity to promptly obtain professional legal assistance. The procedure for such access must be codified in regulations issued by the Ministry of Defense.

18:59 Thu 20.08.26 109
The path to ratification of the Convention must not end in yet another delay — L. Izovitova

Legislation

The path to ratification of the Convention must not end in yet another delay — L. Izovitova

Ukraine’s preparations for the ratification of the Council of Europe Convention on the Protection of the Professions of Lawyer have already passed key stages. Now, government institutions must submit the matter to the Verkhovna Rada for consideration. In doing so, Ukraine may complete the ratification process faster than EU member states.

18:02 Thu 20.08.26 248
Veterans were provided with algorithms for responding to malfunctions

Edition

Veterans were provided with algorithms for responding to malfunctions

The UNBA Committee on the protection of victims of armed aggression against Ukraine, compensation mechanisms and European integration legal support for recovery together with the Ministry of Veterans Affairs of Ukraine has prepared the latest Legal Guide for War Veterans.

11:22 Thu 20.08.26 115
Ukraine could be the first to implement a European mechanism for the protection of advocates. What’s holding it back?

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.

18:32 Wed 19.08.26 327

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

Оберіть файл