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

Advocacy
14:36 Wed 01.05.24 514 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

Internships at German law firms: IRZ is accepting applications from Ukrainians

Announcements

Internships at German law firms: IRZ is accepting applications from Ukrainians

In 2026, the German Foundation for International Legal Cooperation (IRZ) plans to organize a multilateral internship program for young advocates from partner countries. Participants will attend an introductory seminar in Bonn and complete internships at law firms in Germany.

10:51 Thu 11.06.26 110
Restrictions on the right to legal assistance in pretrial detention centers are unacceptable – statement by the BCU

Guarantees of the practice of law

Restrictions on the right to legal assistance in pretrial detention centers are unacceptable – statement by the BCU

The Bar Council of Ukraine has stated that it is unacceptable to restrict the right to professional legal assistance, the guarantees of legal practice, and the confidentiality of communications between advocates and clients in pretrial detention facilities operated by the State Criminal-Executive Service of Ukraine.

19:17 Tue 09.06.26 102
The UNBA presented the CCBE with an overview of legal reform and challenges

European integration

The UNBA presented the CCBE with an overview of legal reform and challenges

Reform of the legal profession, Ukraine’s European integration commitments, guarantees of the profession’s independence, and practices of bar self-governance in European countries — these issues were the subject of discussion at the Council of Bars and Law Societies of Europe (CCBE).

14:39 Mon 01.06.26 178
The UNBA is compiling the findings of the subgroups regarding the implementation of the Rule of Law Roadmap

Rule of Law Roadmap

The UNBA is compiling the findings of the subgroups regarding the implementation of the Rule of Law Roadmap

Today, May 28, the Ukrainian National Bar Association hosted a meeting of the Coordination Bureau of the Working Group on the implementation of the Rule of Law Roadmap regarding the reform of the advocacy profession. Following a series of meetings by thematic subgroups, the work is now moving to the stage of consolidating proposals and preparing a coordinated package of recommendations.

18:53 Thu 28.05.26 145
UNBA discussed removing barriers at border crossings for families with children with disabilities

Discussion

UNBA discussed removing barriers at border crossings for families with children with disabilities

Families of children with disabilities face additional requirements when traveling abroad, particularly regarding consular registration. What is happening and what changes are needed to remove these obstacles were discussed during the roundtable «Borders without barriers for families of children with disabilities».

17:13 Thu 28.05.26 136
New rules, old problems: the UNBA discussed the work of the ETAIDF and MMC

Discussion

New rules, old problems: the UNBA discussed the work of the ETAIDF and MMC

The reform of medical-social assessment and military medical commissions has changed procedures but has not resolved practical issues. People face situations where documents are not issued, decisions are based on technicalities, assessments are delayed, and they struggle to demonstrate their actual health status in specific life situations.

16:18 Wed 27.05.26 152
Co-parenting shouldn't be reduced to a 50/50 formula, — roundtable discussion

Discussion

Co-parenting shouldn't be reduced to a 50/50 formula, — roundtable discussion

Following a divorce, joint custody can serve as a mechanism for ensuring equal parental rights. However, this model requires clear criteria and cannot be applied automatically without taking into account the child’s age, the level of conflict between the parents, the risk of violence, and the feasibility of enforcing the future decision.

17:02 Wed 20.05.26 170
Penalties for errors in military registration require clear rules, – UNBA

Legislation

Penalties for errors in military registration require clear rules, – UNBA

The liability of officials for violations of military registration rules must be legally defined, proportionate, and effectively enforceable. Otherwise, the new fines will not protect citizens from registration errors but will create additional risks.

18:14 Mon 18.05.26 200

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

Оберіть файл