Suspension of criminal proceedings blocks payments to FLA lawyers - a problem

In case of suspension of criminal proceedings, the provision of legal aid to a suspect is effectively terminated, as there is no immediate need for it. However, the Law «On Free Legal Aid» does not provide a corresponding ground for termination of secondary legal aid.
The problem of the lack of proper regulation of the termination of free secondary legal aid in case of suspension of criminal proceedings was highlighted in the UNBA Report on topical issues of the functioning of the free legal aid system in Ukraine.
The assignments issued by the FLA centers continue to be valid, and lawyers cannot receive payment for the work they have already done.
«When a suspect is put on the wanted list, it is impossible to even predict the timeframe for resumption of proceedings. The person may never be found at all, - notes Olena Demyanova, secretary of the UNBA Committee on Legal Aid, in a statement. - However, the attorney has done a certain amount of work that should have been paid for. However, the legal regulation is such that it violates the right of a lawyer engaged by the FLA system to be paid for services already rendered».
The report emphasizes the relevance of this problem, as cases of suspension of criminal proceedings are becoming more common today. Among other things, because the accused was called up for military service.
The UNBA believes that the only effective way to solve this problem is to amend Part 1 of Article 23 of the Law «On Free Legal Aid», which defines the grounds on which a free legal aid center has the right to terminate the provision of free legal aid by a lawyer. During 2023, the UNBA submitted proposals on this issue, which have not yet been supported.
Popular news

Guarantees of the practice of law
The process of signing the Convention on the protection of the profession of advocate was taken under control by t…
The Ministry of Justice sent the text of the translation of the Council of Europe Convention on the protection of the advocate to the Ministry of Foreign Affairs «for review and approval». The main legal authority also expressed its support for the Ministry of Foreign Affairs regarding the signing and ratification of this Convention.

Discussion
Without the protection of advocates, there will be no fair trials in Ukraine — forum in Odesa
Identifying an advocate with their client undermines the foundations of justice, as it deprives individuals of the opportunity to exercise their right to defense, forces advocates to avoid participating in high-profile cases, and ultimately renders procedural guarantees meaningless. Without this, fair trial is impossible.

Legislation
What data is sufficient to initiate an investigation – UNBA comments on draft law No. 12439
The problem of law enforcement pressure on business remains one of the most acute for the Ukrainian economy. The lack of regulation of certain procedures in the Criminal Procedure Code leads to abuses, as a result of which entrepreneurs find themselves in a state of legal uncertainty.

Guarantees of the practice of law
The Verkhovna Rada is waiting for the Minister of Justice to take action on signing the Convention on the protection of t…
Ukraine, which was directly involved in the preparation of the world's first Council of Europe Convention on the protection of the profession of advocate, has still not signed it. There appear to be no formal objections, but no real steps have been taken towards accession either.

Abroad
Australian advocate apologizes in court for fake AI quotes
In Australia, a royal advocate apologized to a judge for submitting documents in a criminal case against a teenager accused of murder that contained fabricated quotes and non-existent court decisions generated by artificial intelligence.

Legislation
Support for the defense industry should not upset local budgets, - UNBA
It is necessary to create additional incentives for enterprises in the defense and industrial complex, while ensuring the balance of the budget system and the predictability of both revenues and expenditures of local self-government.

Legislation
UNBA warns of extreme financial risks for defense industry companies
The lack of transparent control over the activities of the Ministry of Defense as a regulator, as well as excessive sanctions for leaving the Defense City regime, create risks for defense enterprises that could lead to their bankruptcy.

Guarantees of the practice of law
BCU reports interference by a member of the High Council of Justice in the activities of a lawyer and submits officia…
The Bar Council of Ukraine, having considered the statement of advocate Oleksandr Vikhrov, established the fact of interference by Roman Maselko, a member of the High Council of Justice, in the advocacy activities, violation of attorney-client privilege, and exceeding his powers in evaluating a candidate for the position of judge.
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