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
Self-government
A report on Ukrainian advocacy was presented in the European Parliament
Can a shadow report on advocacy replace the political framework of the Roadmap on the rule of law with demands for the restructuring of self-government? Where is the line between accountability and the seizure of institutions? And how can we respond to narratives with data rather than impressions?
Guarantees of the practice of law
Proceedings opened following attack on advocate in Dnipro
The Committee for the protection of advocates' rights and guarantees of legal practice of the UNBA appealed to law enforcement agencies in connection with an advocate's report of an attack while performing his professional duties. The information was entered into the Unified Register of Pre-trial Investigations and a pre-trial investigation was initiated.
Abroad
UNBA office opens in EU capital
To strengthen the institutional presence of the Ukrainian advocacy community at the European level, an office of the Ukrainian National Bar Association has been opened in Brussels (Belgium), which will serve as a permanent platform for dialogue with European partners.
Guarantees of the practice of law
Identifying an advocate with a client is a blow to justice, — V. Gvozdiy
By defending individuals in criminal proceedings, advocates are in fact fighting for every person's right to a fair trial. Therefore, any identification of an advocate with their client is a blow not only to the profession, but also to justice itself.
Guarantees of the practice of law
Impunity for public stigmatization of advocates violates the constitutional right to defense
The prohibition of identifying an advocate with a client is an international standard enshrined in the Law «On advocacy and legal practice». However, without accountability, this guarantee does not work, which poses a direct threat to the realization of the right to defense and the principle of adversarial proceedings.
Legislation
Inheritance of a share in joint property and more: advocates have made comments
In the event of the death of one of the subjects of joint shared ownership, the shares of each of the co-owners in the joint shared ownership shall be deemed equal, unless otherwise agreed between them, by law, or by a court decision.
Discussion
How the reform of advocacy is «preventing» Ukraine from signing the Council of Europe Convention
During the regular meeting of the Verkhovna Rada Committee on legal policy held on January 12, MPs heard information from the Ministry of Justice on resolving the issue of signing and ratifying the Council of Europe Convention on the protection of the profession of advocate.
Legislation
Implementation of the Roadmap: the composition of the working group ensures a high level of expertise
The composition of the Working Group on the implementation of the Roadmap on the rule of law in relation to advocacy demonstrates the high institutional level of the experts involved by the Ukrainian National Bar Association in the formation of a package of decisions.
Publications
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
Iryna Vasylyk Advocacy in the proclamation of Independence of Ukraine
