UNBA appealed to PACE concerning the attempts to destroy an independent bar through a behind-the-scenes drafted law
The UNBA appealed to the PACE concerning the attempts to destroy an independent bar through a behind-the-scenes drafted law “On Amendments to the Law of Ukraine “On the Bar and Practice of Law” (as amended and restated) and other Related Legislative Acts of Ukraine”.
The relevant letter to the PACE President Stella Kyriakides was sent on October 12.
In her address the UNBA President Lidiia Izovitova informs about threats to the independence of the Ukrainian Bar, created in the process of development and lobbying of this draft law. At present, the text of this document has been submitted for examination to the Council of Europe Project “Support to the Implementation of the Judicial Reform in Ukraine”. However, it was not provided to the UNBA representatives during a joint meeting with the project experts, held on October 11.
“We’ve learned from the Council of Europe experts that they received a request for an expert assessment of the draft law on its “minimal” compliance with the standards and recommendations of the Council of Europe. This request is of concern, since there is an effective Law of Ukraine “On the Bar and Practice of Law” of 2012 that has been assessed in 2011 as not “minimally”, but “completely” complying with the European standards and values of the European Commission for Democracy through Law (Venice Commission)”, – says the letter to the PACE.
The UNBA emphasizes its predictions about the devastating consequences of a new “secret” draft law, which from the high standards and recommendations of the Council of Europe goes down to the minimal ones. In this context, the UNBA asks to transmit the text of the draft law to the Venice Commission.
“On behalf of the Ukrainian National Bar Association I request you to make every endeavor within your competence to send the draft law, submitted for examination to the Council of Europe Project “Support to the Implementation of the Judicial Reform in Ukraine” by the Judicial Reform Council (Ukraine) (CoE experts Rytis Jokubauskas and Vahe Grigoryan), to the European Commission for Democracy through Law (Venice Commission) for consideration and opinion on compliance with European standards and values before it is transmitted to the Verkhovna Rada of Ukraine”, – the letter reads.
The UNBA reminds that, as a representative of the entire Ukrainian bar community, from the very beginning it was limited in the right to participate in the drafting of amendments to the effective law “On the Bar and Practice of Law” and was deprived of any possibility to influence its final content. This situation in December 2016 coincided with another event in the Verkhovna Rada, when, without any previous consultations with the bar, the amendments to the Law of Ukraine “On the Bar and Practice of Law” were adopted, by which the annual amount of advocates’ contributions, used to ensure the operation of the bar self-government bodies, was reduced by half. Thus, it was a major setback on the Ukrainian bar financing.
“Instead of creating additional and maintaining the current conditions for the advocates’ independence, the government, represented by individual officials, constantly endeavors to make the advocates’ activities more complicated and, in some cases, to completely ruin the bar system in Ukraine”, – says the letter to the PACE.
Despite the UNBA’s public request and the CCBE position, calling to refrain from the bar reforming without consulting the UNBA, now the draft law “On Amendments to the Law of Ukraine “On the Bar and Practice of Law” is being prepared for submission to the Verkhovna Rada of Ukraine for consideration in the same ‘secret’ way.
Popular news
Advocacy
FLA needs urgent help, - Valentyn Gvozdiy
Twelve years of existence of the free legal aid system in Ukraine is enough to understand the inability of the Ministry of Justice to effectively manage this area.
Advocacy
The Ombudsman is concerned about the state of the FLA system
The Secretariat of the Ukrainian Parliament Commissioner for Human Rights is ready to join the development of proposals for amendments to the legal acts developed by the Ukrainian National Bar Association that will improve the functioning of the free legal aid system.
Advocacy
Ombudsman to provide legal aid with support of UNBA - pilot project
The Office of the Ukrainian Parliament Commissioner for Human Rights has launched a pilot project to provide professional legal aid to citizens in five regions of Ukraine.
Advocacy
Another model should be introduced for the FLA system, - Lidiya Izovitova
Monitoring of the current state of functioning of the legal aid system shows the existence of significant and conceptual problems in the implementation of this assistance in Ukraine.
Advocacy
Violation of media guarantees of advocacy is being studied by the UNBA
An open appeal of the Ukrainian National Bar Association's Committee on Information Policy and Interaction with the Mass Media to the advocates.
Advocacy
Lawyers are offered to be booked - amendments to draft law No. 10449
In their amendments to the draft law on strengthening mobilization, MPs propose to provide for the booking of lawyers. The goal is to prevent disruptions of court hearings.
Advocacy
E-Court failures violate constitutional guarantees – UNBA
In recent days, the Ukrainian National Bar Association has received numerous reports from lawyers about technical failures in the operation of the Electronic Court subsystem. In particular, the complaints relate to the inability to log in to the electronic office, which restricts advocates in exercising their procedural rights, in particular, to submit documents and participate in court hearings in the videoconference mode.
Advocacy
Fixed fee: time of work is important for reimbursement of attorney's fees – SC
The procedure for calculating the hourly fee differs from the fixed fee, which does not take into account the actual time spent. However, in both cases, they are taken into account when deciding on the reimbursement of legal aid expenses.
Publications
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
Iryna Vasylyk Advocacy in the proclamation of Independence of Ukraine
Oleksandr DULSKY When we cross the border of the Supreme Anti-Corruption Court, we get into another department of the National Anti-Corruption…
Vadym Krasnyk The UNBA will work, and all obstacles and restrictions are only temporary inconveniences
Lydia Izovitova Interview with Lydia Izovitova on the occasion of the 8th anniversary of the founding of UNBA: We are the voice of t…