FLA needs urgent help, - Valentyn Gvozdiy

Advocacy
17:23 Fri 29.03.24 360 Reviews
Print

Twelve years of existence of the free legal aid system in Ukraine is enough to understand the inability of the Ministry of Justice to effectively manage this area.

This was emphasized by Valentyn Gvozdiy, the Vice President of the Ukrainian National Bar Association, the Bar Council of Ukraine, assessing the conclusions of the Report on the current issues of the functioning of the legal aid system in Ukraine.

The report was prepared by the UNBA Committee on Legal Aid. The document demonstrates the cause-and-effect relationships that determine the existence of seven major problems in the FLA system and suggests ways to solve them:

1. Monitoring the quality of FLA provision.

2. Distribution and execution of orders for the provision of FLA.

3. Payment for the services of lawyers.

4. Appointment of a lawyer to participate in a separate procedural action.

5. Participation of advocates in criminal proceedings in absentia.

6. Identification of the advocate with the client.

7. Termination of the provision of free legal aid in suspended criminal proceedings.

«We see that [the Ministry of Justice] has failed. So, something needs to be done, - said the Vice President of the UNBA. - Perhaps it is necessary to withdraw [the system] from the sphere of management of the Ministry and create an independent legal entity under public law, to call it, for example, the Legal Aid Fund. And this legal entity should be governed by an independent board, which, in addition to lawyers, in our opinion, should include a representative of the Ombudsman and the Ministry of Finance».

It is only about guaranteeing and ensuring the right to legal aid. «The task of the state in this case is to guarantee and pay for legal aid to those who are entitled to it. It is not to provide it independently through government officials», - said Valentyn Gvozdiy. The latter conflicts with the principle of the legal aid system. The state has positive coercion, which is necessary for the organization of society. «However, having the tools of positive coercion in the form of law enforcement and judicial systems, the state cannot simultaneously provide services aimed at protecting against such coercion. This is a direct conflict of interest that negates the human right to defense guaranteed by the Constitution», - he explained.

Among other changes that should be introduced, he mentioned ensuring the right to free choice of defense counsel. «All lawyers in the country who want to provide services to citizens in the FLA system should use tariffs approved by an independent body. And it should be the right of the lawyer to work at this rate or not. This is how the world's leading legal aid systems work. This is what ensures transparency, quality and the free right to choose a defense counsel, - said the Vice President of the UNBA. - It is necessary to use as many digital solutions as possible... And this will be the main focus of our proposals, which will lead to significant savings in public funds».

According to Valentyn Gvozdiy, transparency and control of public spending is also extremely important. Systematic collection of data on the number of contracts, categories of cases and costs will allow for effective planning of budget expenditures and ensure a high level of transparency in the use of such funds. The Fund will have its own budget and can be managed through an Independent Council based on a balanced representation of the involved entities. «That is, not only at the expense of the state budget, they [funds] can be provided by the private sector, donors, and sponsors. After all, we understand that many of our international partners today may be willing to finance such assistance, but they doubt it when they see tenders for repairs, imbalances in costs, etc. And they do not believe that these funds will reach the citizens who need such legal aid», - he commented.

Valentyn Gvozdiy also referred to a recent post by Nick Emerson, President of the Law Society of England and Wales (UNBA's counterpart in the UK), who published a publication stating that legal aid itself needs immediate assistance. After all, people abroad are also concerned about human rights violations due to the low standards of legal aid.

«The picture clearly demonstrates the trends and tendencies at the global level, what is happening with the provision of free legal aid. I think that it can be easily applied today to illustrate the content of the presentation of the state of FLA in Ukraine», - said the Vice President of the UNBA.

Popular news

The HCJ continues to ignore the legal deadlines for forming the Competition Commission of the HQCJ

Self-government

The HCJ continues to ignore the legal deadlines for forming the Competition Commission of the HQCJ

The High Council of Justice continues to violate the statutory deadlines for forming a new competition commission to select members of the Competition Commission of the High Qualification Commission of Judges of Ukraine.

17:18 Mon 23.06.25 106
Another conflict with the TCC: an advocate's leg was broken and his client jumped out of a window

Advocacy

Another conflict with the TCC: an advocate's leg was broken and his client jumped out of a window

On June 19, at the premises of the military medical commission, where a bus from the Krasnograd Territorial Center for Recruitment and Social Support delivered several people, an incident occurred involving the use of physical force against an advocate.

13:34 Fri 20.06.25 157
Independence of advocacy and accountability of expertise: different models, shared responsibility

Advocacy

Independence of advocacy and accountability of expertise: different models, shared responsibility

Two different models of professional organization coexist in Ukraine: advocacy with established self-government and judicial and expert activities that remain under state control. How can approaches be balanced, the openness of expert opinions ensured, and effective interaction between specialists established?

18:02 Mon 16.06.25 117
The Bar Council of Ukraine appealed to the High Council of Justice due to delays in forming the Competition Commission of the HQCJ

Advocacy

The Bar Council of Ukraine appealed to the High Council of Justice due to delays in forming the Competition Commission of t…

On June 13, 2025, Lidiya Izovitova, President of the Bar Council of Ukraine, addressed Grigory Usik, Head of the High Council of Justice, regarding the violation of the deadlines for forming a new composition of the Competition Commission for the selection of members of the High Qualification Commission of Judges of Ukraine.

17:29 Fri 13.06.25 152
UNBA calls for compliance with Council of Europe standards for the legal profession

Advocacy

UNBA calls for compliance with Council of Europe standards for the legal profession

The recently approved roadmap for EU accession in terms of bar reform refers to non-existent European standards and was adopted in violation of international principles. Therefore, before talking about changes, it is necessary to compare the current model of the bar with the Council of Europe standards embodied in the Convention on the Protection of the Profession of Lawyer.

14:19 Fri 06.06.25 170
Andriy Osipov appointed head of the Ukrainian State Film Agency

Advocacy

Andriy Osipov appointed head of the Ukrainian State Film Agency

The Cabinet of Ministers of Ukraine has appointed Andriy Osipov as head of the Ukrainian State Film Agency.

19:38 Fri 30.05.25 113
Mobilization of advocates in court: UNBA records another case of pressure

Advocacy

Mobilization of advocates in court: UNBA records another case of pressure

The Ukrainian advocacy has once again faced extrajudicial influence on advocates with the aim of obstructing the exercise of their legitimate powers related to the provision of professional legal assistance to clients.

16:35 Fri 30.05.25 251
The specifics of translating documents for the UK and Ukraine were explored in a webinar

Advocacy

The specifics of translating documents for the UK and Ukraine were explored in a webinar

In legal practice, document translation is increasingly becoming a subject of attention not only for translators, but also for advocates, courts, and government agencies. What should a translation be like to be legally valid in Ukraine and the UK, what mistakes can ruin a case, and who is responsible for accuracy?

10:46 Thu 22.05.25 103

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

Оберіть файл