The annual fee of an advocate in 2025: The BCU has changed the distribution

Advocacy
15:49 Mon 16.12.24 196 Reviews
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In 2025, the annual contribution to the bar self-government will continue to be one subsistence minimum for able-bodied persons (UAH 3,028, according to the Law on the State Budget). At the same time, its distribution will change.

The relevant decision was made by the Bar Council of Ukraine at its meeting on December 14.

Taking into account the requirements of the Regulation on these contributions (UNBA decision No. 4 of 03.02.2017), the payment of the contribution is a professional obligation of the advocate. This obligation must be fulfilled by January 31, 2025 by transferring funds in two payments to the bank accounts of the bar self-government bodies.

The new distribution will take into account the number of lawyers in regional councils as a criterion:

This decision was made to ensure the continuous operation of the bar self-government bodies. It is aimed at realizing the constitutional function of the Bar - protection of human rights and provision of quality legal aid guaranteed by the Constitution. The Bar is independent of the state and is not funded from any other sources than the contributions of its members, so a fair and balanced distribution of these contributions is extremely important.

Previously, the majority of the annual fee (70%) remained at the disposal of the regional bar councils without mandatory redistribution to the qualification and disciplinary commissions of the bar. At the same time, the QDCBs were funded in fact only at the expense of persons who passed the qualification exam.

«Such a model did not guarantee stability and predictability of their work, since the QDCBs perform not only qualification but also disciplinary functions. As a result, in a number of regions there was a financial imbalance: some bar councils accumulated significant balances, while other bar self-government bodies were practically unable to properly fulfill their powers, - explained Maksym Boldin, the head of the Higher Audit Commission of the Bar. - The purpose of the new mechanism is to balance resources between regions, support the CDC and ensure the smooth operation of the entire bar self-government system».

The head of the HACB emphasized that nothing has changed for lawyers: neither in terms of the amount nor the timing of the fee payment. The fee is still paid in full, but it will be distributed among various bodies in a new proportion. And any statements about alleged «additional payments» or alleged «funds taken away from someone» are groundless.

M. Boldin also said that the additional funds to be received by the UNBA will be used not only to support the High Qualification and Disciplinary Commission of the Bar and small regional bodies, but also to finance the activities of regional representatives in the national bar self-government bodies - the Bar Council of Ukraine and the HQDCB. «This approach makes it impossible for these members to depend on regional councils and eliminates the risk of conflicts of interest. In particular, this is important when considering disciplinary complaints between lawyers from different regions, where transparent and impartial funding from the center will promote objectivity and independence, - he explained. - This is a fair equalization of the financial support of the system, designed to prevent destabilization and ensure the effective, independent and fair functioning of the bar throughout Ukraine».

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