Lawyers loyal to the state earn more – report

Advocacy
12:58 Fri 22.03.24 420 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

The UNBA presented a report on violations of advocates' rights in the TCC

Guarantees of the practice of law

The UNBA presented a report on violations of advocates' rights in the TCC

The Committee for the protection of advocate's rights and guarantees of legal practice of the UNBA has prepared a consolidated report on violations of advocate's professional rights and guarantees of legal practice by territorial recruitment and social support centers for the period from 2022 to the first half of 2025.

12:15 Tue 02.12.25 193
Statement by the UNBA Committee regarding manipulative journalistic material

Self-government

Statement by the UNBA Committee regarding manipulative journalistic material

Statement by the UNBA Committee on information policy and interaction with the media regarding manipulative journalistic material aimed at discrediting the advocacy institution.

11:26 Thu 27.11.25 101
L. Izovitova: today advocacy maintains its independence and fights for guarantees for the profession

Guarantees of the practice of law

L. Izovitova: today advocacy maintains its independence and fights for guarantees for the profession

The Ukrainian advocacy remains an independent, constitutionally recognized institution of justice, which, in the conditions of war, has not only retained its subjectivity, but also consistently fights for guarantees to protect the profession.

14:29 Fri 14.11.25 204
For candidates for the advocate: BCU has reminded them of the rules for crediting teaching experience

Access to the profession

For candidates for the advocate: BCU has reminded them of the rules for crediting teaching experience

For the purposes of admission to the qualification exam, a candidate's work in scientific and teaching positions may be counted as experience in the field of law only if the position requires legal education.

15:35 Thu 13.11.25 105
Urban Planning Code: what should the new rules for rebuilding Ukraine be?

Discussion

Urban Planning Code: what should the new rules for rebuilding Ukraine be?

Does Ukraine need separate codification in the field of urban planning, which model of law to choose, and how to ensure a balance between the interests of the state, communities, businesses, and citizens in the context of post-war reconstruction?

15:49 Wed 12.11.25 356
The Verkhovna Rada took another step towards ratifying the Convention on the protection of the profession of advocate

Guarantees of the practice of law

The Verkhovna Rada took another step towards ratifying the Convention on the protection of the profession of advocate

On November 5, the Verkhovna Rada held a working meeting dedicated to the translation of the Council of Europe Convention on the protection of the profession of advocate for its subsequent signing and ratification. The issue was initiated by the Ministry of Foreign Affairs, which drew attention to the key term «lawyer» in the international treaty.

18:19 Thu 06.11.25 325
NACB is looking for corruption risks in its activities. Advocates are asked to help

Interaction

NACB is looking for corruption risks in its activities. Advocates are asked to help

The National Anti-Corruption Bureau of Ukraine has launched a survey aimed at gathering information to identify corruption risks in the activities of the National Bureau and prepare an Anti-Corruption Program for 2026–2028.

13:38 Thu 06.11.25 249
Agreement on the provision of lobbying services: a template for advocates has been developed by the UNBA

Interaction

Agreement on the provision of lobbying services: a template for advocates has been developed by the UNBA

The Ukrainian National Bar Association has prepared a model agreement for the provision of lobbying services that complies with the requirements of the relevant law and takes into account the specific features of such activities carried out by persons providing legal assistance.

12:51 Tue 04.11.25 235

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

Оберіть файл