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Publication date: 27.05.2024
Lawyers Will Receive Payment in Suspended Proceedings: Law Passed
On May 23, the Verkhovna Rada of Ukraine adopted the Law (project No. 11186) "On Amendments to Article 23 of the Law "On Free Legal Aid", which concerns the payment of attorney services in suspended criminal proceedings. This draft law was prepared by the National Association of Advocates of Ukraine (NAAU).
Basic Provisions of the Law
Termination of Free Legal Aid
According to the new law, the provision of free secondary legal aid (SLA) will be terminated by the decision of the SLA center in the event of the termination of the criminal proceedings in which such assistance is provided to the person. Previously, attorneys appointed in such cases could not receive payment for services already provided due to the lack of a necessary reason to terminate the mandate. You may be interested in the following articles: lawyer's consultation, lawyer's consultation, document analysis, legal analysis of the situation, written consultation, document review by a lawyer, lawyers' documents, lawyer's help online, lawyer online, legal opinion, lawyer's legal opinion, lawyer online.
Terms of Termination of Court Proceedings
According to Article 335 of the Criminal Procedure Code (CPC) of Ukraine, court proceedings can be stopped in cases where the accused:
Avoided appearing in court.
Suffered from a mental or other serious long-term illness, which excludes his participation in court proceedings.
He was drafted for military service during the mobilization period, for a special period.
In such cases, the proceedings are suspended until the accused is searched, recovered or released from military service.
Solving the Problem of Payment for Legal Services
Prior to the adoption of this law, lawyers who provided free legal aid in suspended proceedings could not receive payment for their services for an indefinite period. This was due to the fact that payment and reimbursement of expenses were made only in the event of the end of the proceedings or early termination of the power of attorney. However, formally, the mandate continued to operate, because the BPD centers did not have the authority to terminate it. It also encourages the participation of qualified lawyers in stalled proceedings, which in turn will contribute to ensuring the proper protection of the rights of persons in this situation. In general, the adoption of this law will have a positive effect on the fairness and transparency of the legal system of Ukraine, strengthen citizens' trust in its institutions and ensure more effective access to justice for all.
The new law closes this loophole by allowing lawyers to be paid for their services even in stalled proceedings. This decision will contribute to the fair compensation of lawyers and ensuring the proper functioning of the system of free legal aid.
Conclusions
The adoption of this law is an important step in the direction of improving the system of free legal aid in Ukraine. It ensures fair remuneration for lawyers who provide assistance in suspended criminal proceedings, and contributes to increasing the efficiency of this system in general.
