Does the FLA system dismiss lawyers who turned out to be inconvenient?

Advocacy
14:36 Wed 01.05.24 397 Reviews
Print

The contract with the lawyer who asked uncomfortable questions about the distribution of assignments and payment for services in the free legal aid system was not extended.

The situation was discussed at the last meeting of the Bar Council of Ukraine on April 30.

Oksana Kadenko, a member of the UNBA from Khmelnytsky region, chairman of the UNBA Committee on Legal Aid, explained that the lawyer had previously tried to find out the reasons for the refusal, but the regional center of free legal aid explained its decision by the lack of justified need, i.e., want. But this argument cannot be accepted, because at the same time competitions are being announced. That is, there is still a need to conclude contracts with lawyers. Perhaps this was done to deprive the lawyer of access to information about problems in the system.

So what exactly is the «justified need to engage lawyers to provide free secondary legal aid» that is used by the FLA system as a criterion for announcing competitions and deciding on the conclusion of contracts with lawyers? O. Kadenko also said that earlier this need was explained by the discretion of the person making the relevant decision. Such a paradox, when the objective need is actually determined by subjective considerations, requires the study of statistical indicators, namely: how many advocates fulfill assignments, what kind of assignments they are, how many contracts are terminated or not extended, the figures of negative assessment of internal monitoring, etc.

Yuriy Gordeev, a member of the UNBA from Ternopil region, who also works at the local FLA center, noted that in their practice, contracts were signed with all lawyers who were in the register and who expressed a desire. He suggested that there was some kind of personal conflict in the situation under consideration. At the same time, Y. Gordeev expressed his belief that if a lawyer passed the competition procedure, he had the right to work with the system and the administrative staff should sign a contract with each lawyer. He was supported by Victoria Gaivoronska, head of the Kharkiv Regional Bar Council, who believes that there can be no quantitative quotas. And if a lawyer is included in the register of lawyers who have the right to provide free legal aid, the center has an obligation to conclude a contract with him or her.

Lidiya Izovitova, the President of UNBA, BCU suggested looking at the problem in the context of how the UNBA can help those who find themselves in a similar situation. The lawyers who passed the competition and were included in the register are entitled to provide free legal aid, and this right, if violated, is subject to protection. Although the competition itself also has a dubious legal basis. After all, a person who has received the right to practice law can obviously also provide legal aid in the FLA system. However, these considerations of the Bar are unlikely to be accepted by the state body. Vadym Krasnyk, Head of the UNBA Secretariat, also doubts the feasibility of the competition. He suggested that the case in question is not the only one among the nine thousand lawyers in the register, and in fact, many of them may not have contracts.

Following the discussion of the issue, the participants of the meeting concluded that the state (represented by the FLA centers) has an obligation to conclude contracts with lawyers who have passed the competition and have been included in the register of lawyers providing free secondary legal aid. To protect lawyers, the relevant provision should be enshrined in the Procedure and Conditions for Concluding Contracts with Lawyers Providing Free Secondary Legal Aid (Cabinet of Ministers Resolution No. 8 of 11.02.2012). The Bar Council of Ukraine will address the Government and the Ukrainian Parliament Commissioner for Human Rights with the relevant proposals.

Popular news

UNBA initiatives to implement the Roadmap were supported by international experts

Legislation

UNBA initiatives to implement the Roadmap were supported by international experts

International experts who participated in the inaugural meeting of the Working Group on the implementation of the Roadmap on the rule of law in advocacy and agreed to join it expressed their support for the initiative of the Ukrainian National Bar Association.

14:34 Wed 07.01.26 148
How will the group responsible for implementing the Roadmap for advocacy operate?

Legislation

How will the group responsible for implementing the Roadmap for advocacy operate?

The working group on the implementation of the Roadmap on the rule of law in the area of advocacy will operate at several levels: plenary meetings as a platform for adopting framework decisions, a coordination bureau for compiling documents and calendar control, and thematic subgroups for preparing norms and their justification. International experts will verify the results against European standards and «red lines».

15:35 Tue 06.01.26 136
Advocacy is a responsible entity, not a critic of reform — V. Gvozdiy

Legislation

Advocacy is a responsible entity, not a critic of reform — V. Gvozdiy

The Roadmap on the Rule of Law is not a basis for restructuring the model of advocacy, but a framework for verifying and improving the already European-oriented system. At the same time, part of the work has already been done, so further progress should be made in the form of coordinated and practical decisions.

19:31 Fri 02.01.26 123
Vatras on the implementation of the Roadmap: only advocates should create their own destiny

Legislation

Vatras on the implementation of the Roadmap: only advocates should create their own destiny

Work on implementing the Roadmap in relation to advocacy should be based on the participation of the professional community itself, and key tasks should be structured in such a way as to avoid mixing processes that differ in content and procedure.

19:13 Fri 02.01.26 105
Roadmap and advocacy: working group holds first meeting

Legislation

Roadmap and advocacy: working group holds first meeting

On January 2, the first organizational meeting of the Working Group on the implementation of the Roadmap on the rule of law in the area of advocacy reform took place. The event was devoted to agreeing on the framework for further work and exchanging the initial positions of the participants.

18:24 Fri 02.01.26 111
BCU: NACP initiatives regarding the Bar are unconstitutional interference

Self-government

BCU: NACP initiatives regarding the Bar are unconstitutional interference

The Bar Council of Ukraine has condemned the initiatives to reform the Bar proposed by the National Agency on Corruption Prevention as direct, gross and systematic interference by the executive branch in the activities of an independent constitutional institution.

14:21 Wed 31.12.25 174
UNBA program for implementation of the Roadmap on the rule of law published

Self-government

UNBA program for implementation of the Roadmap on the rule of law published

In order to ensure the implementation of measures set out in the Roadmap on the Rule of Law, the Bar Council of Ukraine approved a program for its implementation in relation to the reform of advocacy.

14:56 Tue 23.12.25 162
The results of the CISA cannot be used in disciplinary proceedings against advocates – BCU

Professional Conduct

The results of the CISA cannot be used in disciplinary proceedings against advocates – BCU

Materials obtained through covert investigative (search) activities involving interference in private communications cannot be transferred or used in disciplinary proceedings against advocates. This is because the Code of Criminal Procedure does not allow investigators or prosecutors to use such materials outside of criminal proceedings.

17:19 Sat 13.12.25 112

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

Оберіть файл