Lawyers loyal to the state earn more – report
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
Guarantees of the practice of law
The CCBE called for the urgent ratification of the Convention on the protection of the profession of advocate
The Council of Bars and Law Societies of Europe (CCBE) has called on all states to sign and ratify the Council of Europe Convention on the protection of the profession of advocate as soon as possible, as the integrity of justice and trust in the rule of law depend on it.
Announcements
Ukrainians are invited to participate in an international competition for young advocates
Applications are now being accepted for the 2026 Young European Advocates Contest, organized by the Academy of European Law (ERA) and the Council of Bars and Law Societies of Europe (CCBE).
Discussion
Attempts to discredit advocates go beyond freedom of speech — IBA and UNBA meeting
On September 17, as part of his working visit to Ukraine, Mark Ellis, Executive director of the International Bar Association (IBA), visited the Ukrainian National Bar Association, where a working meeting was held on ensuring guarantees for the practice of law in Ukraine.
Other
Data from registers on powers of attorney and wills compromised – NCU
During testing of the e-notary system, it was established that the test (training) version contained all data on powers of attorney, wills, and documents registered in the Unified Register of Powers of Attorney and the Inheritance Register copied up to a certain date.
Guarantees of the practice of law
IBA’s BIC supports UNBA: advocates should not be identified with their clients
The International Bar Association's Bar Issues Commission (IBA’s BIC) has sent a letter to the President of the Ukrainian National Bar Association expressing concern over the UNBA's reporting of attacks on the independence of the legal profession and the safety of lawyers in Ukraine.
Legal defence of military personnel
Sincerity, respect, and trust: what is important when communicating with military personnel and veterans
War changes people not only through their experiences on the front lines or losses, but above all through their perceptions of security, justice, and the limits of their own endurance. Therefore, communication with military personnel and veterans goes beyond psychological issues and becomes a matter of public culture, human rights practice, and even professional ethics for advocates.
Legal Aid
UNBA declares discriminatory changes to the procedure for selecting advocates for FLA
The government Committee chaired by Vice-Prime-Minister for European and Euro-Atlantic integration Taras Kachka rejected the advocacy's comments; the UNBA emphasizes the violation of European standards and is preparing a judicial appeal if the resolution is adopted.
Guarantees of the practice of law
The BCU called on the President to sign the Law on responsibility for identifying an advocate with a client
On September 15, 2025, the BCU held an extraordinary meeting and adopted an appeal to the President requesting him to sign Law No. 4547-IX of July 16, 2025, which introduces administrative liability for publicly identifying an advocate with a client.
Publications
Censor.net Protecting advocates – protecting justice: addressing concerns about the new law
Ihor Kolesnykov A BRIEF SUMMARY REGARDING THE APPLICATION OF THE ORDER ON EXTENDED CONFISCATION IN LATVIA REGARDING FINANCIAL ASSETS OF…
Valentyn Gvozdiy WORKING IN A WAR ZONE
Lydia Izovitova Formula of perfection
Sergiy Vylkov Our judicial system is so built that courts do not trust advocates
Iryna Vasylyk Advocacy in the proclamation of Independence of Ukraine
Oleksandr DULSKY When we cross the border of the Supreme Anti-Corruption Court, we get into another department of the National Anti-Corruption…
Vadym Krasnyk The UNBA will work, and all obstacles and restrictions are only temporary inconveniences
