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
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.
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.
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.
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.
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.
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.
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.
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.
Publications
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
Lydia Izovitova Interview with Lydia Izovitova on the occasion of the 8th anniversary of the founding of UNBA: We are the voice of t…
