FLA lawyers to receive payment in suspended proceedings - UNBA initiative supported by the Verkhovna Rada
The provision of free secondary legal aid will be terminated by the decision of the FLA center if the criminal proceedings in which the person is being provided with such assistance are suspended. Now, the lawyers appointed in the case will be able to receive payment for the services rendered.
The relevant Law «On Amendments to Article 23 of the Law of Ukraine «On Free Legal Aid» was adopted by the Verkhovna Rada on May 23. The draft law was previously prepared by the Ukrainian National Bar Association, proposed to the Subcommittee on Organization and Activities of the Bar, Legal Aid Bodies of the Verkhovna Rada Committee on Legal Policy and submitted by MPs to the Parliament on April 19 under No. 11186.
As a reminder, according to Article 335 of the CPC, if the accused evaded court appearances or suffered from a mental or other serious long-term illness that precludes his participation in the trial, or was called up for military service during mobilization for a special period, the court suspends the trial against such an accused until he is found, recovered or discharged from military service.
On this basis, courts often decide to suspend court proceedings. Including in cases where the accused was provided with free secondary legal aid.
And in such cases, lawyers could not receive payment for the services they had already provided for an indefinite period of time due to the lack of the necessary grounds. According to the law, such payment and reimbursement of expenses was made only in case of completion of the proceedings or in case of early termination of the assignment. But it formally continued to operate because the FLA centers did not have the necessary authority to terminate it. Now this gap has been eliminated.
«On 19.04.2024, together with my colleagues, people's deputies of Ukraine, and at the initiative of the Ukrainian National Bar Association, I registered a draft law... which was adopted as a whole at a meeting of the Verkhovna Rada of Ukraine today. - commented Volodymyr Vatras, Chairman of the Subcommittee on the Organization and Activities of the Bar, Legal Aid Bodies of the Verkhovna Rada Committee on Legal Policy, who was one of the subjects of the legislative initiative. - From now on, in case of suspension of criminal proceedings in connection with the call-up of the accused for military service during mobilization, the order to provide FLA in criminal proceedings is suspended, which allows the lawyer to submit an act of providing free secondary legal aid with the relevant annexes and receive payment for the services actually provided».
The UNBA expresses its gratitude to the relevant parliamentary committee and all MPs who support the initiatives aimed at ensuring the rights and guarantees of the legal profession. According to the Constitution, everyone has the right to professional legal aid. In cases provided for by law, this assistance is provided free of charge. This right, despite the martial law imposed in the country, is not subject to restriction. And the implementation of this guarantee under the Basic Law is entrusted to the Bar.
Popular news
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).
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.
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».
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.
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.
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.
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.
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.
Publications
Volodymyr Matsko Extradition during wartime: when the risks outweigh the request
Volodymyr Matsko Extradition as a systemic form of rights violations
Victoria Yakusha, Law and Business The anti-corruption vertical cannot «take care» of the Bar as an institution, - acting head of the HQDCB
Censor.net Protecting advocates – protecting justice: addressing concerns about the new law
Ihor Kolesnykov A BRIEF SUMMARY REGARDING THE APPLICATION OF THE ORDER ON EXTENDED CONFISCATION IN LATVIA REGARDING FINANCIAL ASSETS OF…
Valentyn Gvozdiy WORKING IN A WAR ZONE
Lydia Izovitova Formula of perfection
Sergiy Vylkov Our judicial system is so built that courts do not trust advocates
