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

Advocacy
14:36 Wed 01.05.24 497 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

Lidiya Izovitova: In the context of European integration reforms, advocacy is a partner of the state, not a target of reform

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.

15:13 Fri 15.05.26 112
The Verkhovna Rada discussed the next steps for ratifying the Convention on the Protection of the Professions of Lawyer

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.

13:12 Thu 14.05.26 134
Valentin Gvozdiy: Ukraine’s ratification of the Convention for the Protection of the Profession of Lawyer – is a matter with concrete implications

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.

19:23 Wed 13.05.26 160
Mental health, archives and cybersecurity: The UNBA and the IBA reviewed the progress of joint projects

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.

18:27 Fri 08.05.26 181
The UNBA is developing a model for reforming the legal profession

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.

16:21 Fri 01.05.26 230
Missing in action: advocates explain the procedure to the families of servicemembers

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.

17:13 Wed 29.04.26 162
Police to investigate the NACP's attempts to reform advocacy

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.

13:32 Wed 29.04.26 216
Advocates and patent attorneys combine their expertise in the field of intellectual property

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.

15:57 Tue 28.04.26 200

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

Оберіть файл