Lawyers loyal to the state earn more – report

Advocacy
12:58 Fri 22.03.24 279 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

«Military advocates» have nothing to do with advocacy – UNBA statement

Advocacy

«Military advocates» have nothing to do with advocacy – UNBA statement

The activities of the «military advocates» who forcefully «repel» mobilized persons liable for military service in the TCC have nothing to do with legal practice based on the principles of the rule of law and legality.

17:32 Fri 28.03.25 188
Commentary to the Council of Europe Convention on the protection of the profession of lawyer translated into Ukrainian

Advocacy

Commentary to the Council of Europe Convention on the protection of the profession of lawyer translated into Ukrainian

Along with the Convention on the Protection of the Profession of Lawyer, the Committee of Ministers of the Council of Europe also approved an explanatory report to it. This document is a kind of official commentary to be used by countries in the application of the international treaty.

15:37 Mon 24.03.25 142
«The Convention will enhance the quality of human protection from criminal prosecution», - Valentyn Gvozdiy, the Vice President of the UNBA, BCU

Advocacy

«The Convention will enhance the quality of human protection from criminal prosecution», - Valentyn Gvozdiy, the Vic…

Recently, the Council of Europe adopted the Convention on the Protection of the Profession of Lawyer, an international treaty that guarantees the independence, security and self-governance of lawyers. The latter call it a key step towards strengthening the rule of law. But what does this mean in practice, why is the Convention of extraordinary value - these and other questions were answered by Valentyn Gvozdiy, the Vice President of the UNBA, BCU, to the host of Fakty ICTV.

11:41 Thu 20.03.25 160
Ratification of the Convention on the protection of the legal profession will strengthen the legal system – UNBA

Advocacy

Ratification of the Convention on the protection of the legal profession will strengthen the legal system – UNBA

The Ukrainian National Bar Association has called on MPs and relevant ministries to ensure the expedited signing and ratification of the Council of Europe Convention on the Protection of the Profession of Lawyer by Ukraine.

10:39 Wed 19.03.25 155
The BCU declared inadmissible the reorganization of the Odesa Law Academy

Advocacy

The BCU declared inadmissible the reorganization of the Odesa Law Academy

The Bar Council of Ukraine considers it appropriate to support the preservation of the National University Odesa Law Academy as an independent university, whose decades-long traditions and high standards of education and academic independence determine its distinctive uniqueness.

12:29 Fri 14.03.25 151
Ukraine should be one of the first to ratify the Convention on the Protection of the Profession of Lawyer - V. Gvozdiy

Advocacy

Ukraine should be one of the first to ratify the Convention on the Protection of the Profession of Lawyer - V. Gvozdiy

Ukraine definitely needs to be among the countries that will be the first to ratify the Convention on the Protection of the Profession of Lawyer, adopted by the Council of Europe on March 12, in order to confirm its status as a legal and democratic state.

18:07 Thu 13.03.25 137
Convention on the protection of the profession of advocate adopted by the Council of Europe

Advocacy

Convention on the protection of the profession of advocate adopted by the Council of Europe

The Council of Europe at its 1522nd meeting, held on March 11 and 12, 2025, adopted the Council of Europe Convention for the Protection of the Profession of Lawyer.

13:58 Thu 13.03.25 152
European Presidents Conference 2025: Challenges to the Rule of Law by Lidiya Izovitova

Advocacy

European Presidents Conference 2025: Challenges to the Rule of Law by Lidiya Izovitova

Against the backdrop of the war in Ukraine and the discussion of guarantees of its security, there is a growing militarization of political discourse not only in Ukraine but also in European countries. In the context of martial law, the issue of reforming the military justice system, including the possibility of creating an institute of military advocacy, has become particularly relevant.

17:41 Mon 03.03.25 135

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

Оберіть файл