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

Advocacy
14:36 Wed 01.05.24 447 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

Reform without data and advocacy: what the Ministry of Justice’s launch has revealed

Rule of Law Roadmap

Reform without data and advocacy: what the Ministry of Justice’s launch has revealed

The Ministry of Justice hosted the first meeting of the working group on bar reform. But instead of professional preparation of legislative changes, we saw exactly what Armada Network Director Dale Armstrong had spoken about the day before in Kyiv: not reform, but a struggle for control over the agenda through a narrow circle of “stakeholders” who create an echo chamber of influence for themselves.

16:42 Mon 23.03.26 121
Advocacy, European integration and the limits of intervention: an American report presented in Kyiv

Rule of Law Roadmap

Advocacy, European integration and the limits of intervention: an American report presented in Kyiv

Following its presentation in Brussels, the report «The Ukrainian advocacy in the context of the rule of law and European integration» made its way to Kyiv. It highlighted critical issues both in understanding the very nature of the self-governing profession and in the emergence of a «shadow market» surrounding the Ukrainian advocacy.

15:26 Fri 20.03.26 128
Organization of advocacy: subgroup agrees on approaches to regulatory reform

Rule of Law Roadmap

Organization of advocacy: subgroup agrees on approaches to regulatory reform

On March 13, a meeting was held of the «Organization of the advocacy and self-government» subgroup of the Working Group on the implementation of the Rule of Law Roadmap regarding bar reform. The event was conducted via videoconference.

18:03 Mon 16.03.26 108
Ukraine has signed the Convention for the Protection of the Profession of Lawyer

Guarantees of the practice of law

Ukraine has signed the Convention for the Protection of the Profession of Lawyer

Today, on 9 March, Ukraine's Permanent Representative to the Council of Europe Mykola Tochytskyi signed the Council of Europe Convention for the Protection of the Profession of Lawyer. This makes our country the 28th to sign this important international treaty.

13:58 Mon 09.03.26 331
«Freedom or security» — a false formula: speech by L. Izovitova at the conference of bar presidents

European integration

«Freedom or security» — a false formula: speech by L. Izovitova at the conference of bar presidents

Is the state protecting society from crime today, or is it gradually destroying the rule of law under the guise of this fight? These alarming trends were outlined by the President of the UNBA, BCU Lidiya Izovitova, during her speech at the 54th European Conference of bar presidents.

11:18 Wed 04.03.26 172
AI in advocacy and justice: ethics, regulation, limits of application

Discussion

AI in advocacy and justice: ethics, regulation, limits of application

The Ukrainian National Bar Association held a roundtable discussion entitled «Artificial Intelligence in the цork of advocates: ethics, responsibility, legal process engineering». Participants discussed how artificial intelligence systems are already being used in the professional activities of advocates and where the ethical boundaries of what is permissible lie.

13:28 Fri 27.02.26 161
Researchers from the USA explain how shadow reports became a grant service

European integration

Researchers from the USA explain how shadow reports became a grant service

Shadow reporting often becomes a tool for the grant economy and competition for influence on policy. Such «expertise» replaces impartial analysis with the delegitimization of bar self-government, masks conflicts of interest, and is used as a channel for external pressure on the institution.

20:04 Tue 24.02.26 175
A translation of the report on advocacy presented to the European Parliament has been published

European integration

A translation of the report on advocacy presented to the European Parliament has been published

A translation of a research report on the Ukrainian advocacy profession in wartime, previously presented to the European Parliament in Brussels, has been published. The document is presented as a basis for discussion on the rule of law, Ukraine's European integration aspirations, and countering Russian disinformation in the legal sphere.

16:54 Mon 23.02.26 301

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

Оберіть файл