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
European integration
Lidiya Izovitova: In the context of European integration reforms, advocacy is a partner of the state, not a target of reform
The war has significantly altered the working conditions for advocates, while European integration has presented the profession with new institutional challenges. The ongoing negotiation process covers issues such as the rule of law, judicial independence, fundamental rights, justice, freedom and security.
Guarantees of the practice of law
The Verkhovna Rada discussed the next steps for ratifying the Convention on the Protection of the Professions of Lawyer
The Verkhovna Rada Committee on legal policy held a working meeting to prepare for the ratification of the Convention for the Protection of the Profession of Lawyer. The meeting was attended by members of parliament, representatives of the Office of the President, the Ministry of Justice, the Ministry of Foreign Affairs and the Ukrainian National Bar Association.
Guarantees of the practice of law
Valentin Gvozdiy: Ukraine’s ratification of the Convention for the Protection of the Profession of Lawyer – is a matter…
Exactly one year ago, on May 13, 2025, in Luxembourg, during the 134th session of the Committee of Ministers of the Council of Europe, the Convention for the Protection of the Profession of Lawyer was opened for signature. Today, the Verkhovna Rada Committee on legal policy held a working meeting to prepare for its ratification. Between these two dates lies a year, during which (on March 9) Ukraine became the 28th signatory state. We spoke about this new phase with the Vice President of the UNBA, BCU Valentin Gvozdiy, who was personally involved in the preparation of this international instrument.
Support
Mental health, archives and cybersecurity: The UNBA and the IBA reviewed the progress of joint projects
The Ukrainian National Bar Association and the International Bar Association (IBA) reviewed the progress of joint projects that are of practical importance in the context of the war: supporting the mental health of advocates, digitizing archives, and strengthening the cybersecurity of the legal infrastructure.
Rule of Law Roadmap
The UNBA is developing a model for reforming the legal profession
The reform of the advocacy profession is part of the negotiation process regarding Ukraine’s accession to the European Union, and the Rule of Law Roadmap explicitly identifies the Ukrainian National Bar Association as one of the key stakeholders in the process.
Legal defence of military personnel
Missing in action: advocates explain the procedure to the families of servicemembers
As part of the «Advocate+» pilot project, advocates continue to work with military personnel in the brigades, helping to resolve practical legal issues — ranging from social benefits and payments to undergoing medical examinations and processing paperwork.
Guarantees of the practice of law
Police to investigate the NACP's attempts to reform advocacy
The Office of the Prosecutor General has opened a criminal investigation into alleged abuse of power by employees of the National Agency for Corruption Prevention.
Interaction
Advocates and patent attorneys combine their expertise in the field of intellectual property
Joint legislative proposals, expert opinions on regulatory changes and professional discussions on key issues in the field of intellectual property will form the basis of cooperation between the Ukrainian National Bar Association and the National Association of Patent Attorneys of Ukraine.
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
