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
Interaction
Protecting the rights of service members: The UNBA and the Military Ombudsman have agreed on cooperation
Servicemembers, reservists, conscripts during training exercises, members of local community volunteer units, and other individuals covered by the Law «On the Military Ombudsman» should have better access to professional legal assistance.
Rule of Law Roadmap
Reform without data and advocacy: what the Ministry of Justice’s launch has revealed
The Ministry of Justice hosted the first meeting of the working group on bar reform. But instead of professional preparation of legislative changes, we saw exactly what Armada Network Director Dale Armstrong had spoken about the day before in Kyiv: not reform, but a struggle for control over the agenda through a narrow circle of “stakeholders” who create an echo chamber of influence for themselves.
Rule of Law Roadmap
Advocacy, European integration and the limits of intervention: an American report presented in Kyiv
Following its presentation in Brussels, the report «The Ukrainian advocacy in the context of the rule of law and European integration» made its way to Kyiv. It highlighted critical issues both in understanding the very nature of the self-governing profession and in the emergence of a «shadow market» surrounding the Ukrainian advocacy.
Discussion
ETAIDF and MMC: where the system fails
The new system for assessing a person’s daily functioning and the practice of undergoing medical-legal examinations have already raised numerous questions — ranging from unclear procedures to difficulties in appealing decisions. These issues were examined by advocates during the roundtable discussion «Problematic issues of the ETAIDF and MMC», organized by the UNBA Committee on the protection of the rights of persons with disabilities and the All-Ukrainian public organization «Human rights union of persons with disabilities».
Rule of Law Roadmap
Access to the advocate profession: a subgroup has identified the direction of change
On Monday, March 16, a meeting was held of the subgroup «Access to the profession and training of advocates. Organizational forms of legal practice» of the Working Group on the implementation of the Rule of Law Roadmap.
Appointment
A representative of the UNBA has arrived in Cairo
Advocate Irena Maria Ostrozka-Sangushko has been appointed as the representative of the Ukrainian National Bar Association in the Arab Republic of Egypt, in the city of Cairo. The corresponding Order No. 80, dated March 10, 2026, was signed by the President of the UNBA, BCU Lidiya Izovitova.
Rule of Law Roadmap
Organization of advocacy: subgroup agrees on approaches to regulatory reform
On March 13, a meeting was held of the «Organization of the advocacy and self-government» subgroup of the Working Group on the implementation of the Rule of Law Roadmap regarding bar reform. The event was conducted via videoconference.
Abroad
Where does legal information end and legal assistance begin?
Law firms find themselves in a dilemma: they want to make the most of artificial intelligence, but at the same time, more and more people are entrusting their legal matters to large language models. And this, as experts point out, entails countless risks.
Publications
Volodymyr Matsko Extradition during wartime: when the risks outweigh the request
Volodymyr Matsko Extradition as a systemic form of rights violations
Victoria Yakusha, Law and Business The anti-corruption vertical cannot «take care» of the Bar as an institution, - acting head of the HQDCB
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