FLA lawyers to receive payment in suspended proceedings - UNBA initiative supported by the Verkhovna Rada

Advocacy
14:07 Fri 24.05.24 353 Reviews
Print

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

A manifesto on AI in law was presented in Europe. The UNBA has joined the initiative

Interaction

A manifesto on AI in law was presented in Europe. The UNBA has joined the initiative

On June 24, as part of European Legal Sovereignty Day, which took place in Brussels, the Manifesto for a Referential of Human Guarantee in the Legal Use of AI was presented.

16:59 Fri 26.06.26 115
Lidiya Izovitova identified 7 challenges in administrative proceedings for advocates

Court practice

Lidiya Izovitova identified 7 challenges in administrative proceedings for advocates

The predictability of judicial practice, jurisdictional disputes, cassation filters, enforcement of judgments against the state, the burden of proof, written proceedings, and guarantees for the practice of law remain key issues in administrative justice for advocates.

18:22 Fri 19.06.26 123
Preparations for the ratification of the Convention on the Protection of the Professions of Lawyer are in the final stages

Guarantees of the practice of law

Preparations for the ratification of the Convention on the Protection of the Professions of Lawyer are in the final stages

On June 9, the Verkhovna Rada Committee on legal policy held a working meeting to prepare for the ratification of the Council of Europe Convention on the Protection of the Professions of Lawyer. The Ministry of Justice and the Ukrainian National Bar Association agreed on approaches to draft laws regarding the ratification and implementation of the Convention. Participants have been given 10 days to prepare the draft laws that will be submitted for consideration.

13:01 Thu 11.06.26 174
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 11.06.26 165
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 09.06.26 212
The UNBA is expanding its legal support services for war victims

Legal defence of military personnel

The UNBA is expanding its legal support services for war victims

The UNBA Committee on the protection of victims of armed aggression against Ukraine, compensation mechanisms and European integration legal support for recovery continues its work on assistance programs for military personnel, veterans, their family members and businesses that have suffered damage as a result of the war.

19:04 Wed 03.06.26 137
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 01.06.26 257
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 28.05.26 221

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

Оберіть файл