UNBA representatives informed the PACE members about attempts to derogate from European standards in the bar reform

Announcements
12:36 Fri 13.10.17 1779 Reviews
Print

On October 10-11 the UNBA delegation held a series of meetings in Strasbourg during the fourth part of PACE’s regular session. The meetings were devoted to the process of preparation of the amendments to the Law “On the Bar and Practice of Law”, from which the UNBA was purposely excluded as an official representative of the bar community.

In particular, meetings were held in the Committee of Legal Affairs and Human Rights, and the issue of non-transparency of the Ukrainian bar reform was discussed with members of the Permanent Delegation of Ukraine to the PACE and the ECHR judges.

The UNBA delegation informed about attempts to adopt a draft law on amendments to the specialized law, prepared under the auspices of the Judicial Reform Council without taking into account the position and real needs of the bar. At the same time, the initiators of the draft law have actually deprived the bar community of the opportunity to get acquainted with the contents of this document before it is submitted to the Verkhovna Rada.

During the meetings the UNBA representatives emphasized that the effective Law “On the Bar and Practice of Law” was adopted in 2012. Pursuant to the aforementioned and in compliance with Ukraine’s obligations to the Council of Europe, this Law provided for establishment of a single professional bar organization in Ukraine (paragraph 11 of Opinion No. 190(1995) of the Parliamentary Assembly of the Council of Europe on Ukraine’s accession to the Council of Europe dated September 26, 1995).

Ukraine has thereby fulfilled one of its major commitments to join the Council of Europe, the need for implementation of which has been repeatedly emphasized in the resolutions of the Parliamentary Assembly of the Council of Europe, in particular, in paragraph 10 of Resolution 1346 (2003) of the Parliamentary Assembly of the Council of Europe “Implementation of its Duties and Obligations by Ukraine” dated September 29, 2003; in subparagraph 7.3.6 of paragraph 7.3 of Resolution 1755 (2010) of the Parliamentary Assembly of the Council of Europe “Functioning of Democratic Institutions in Ukraine” dated October 4, 2010. The effective Law “On the Bar and Practice of Law” was also evaluated by the Venice Commission for compliance with the CoE standards, and when it was adopted by the Ukrainian Parliament all the comments made at that time were taken into account.

Pursuant to this Law, for the first time in the modern history of Ukraine, an independent system of bar self-government bodies was built, consisting of advocates only. According to the international standards, a single non-governmental bar association plays an important role in maintaining professional and ethical standards, protecting its members from persecution and unwarranted restrictions and encroachments, as provided for in the “Basic Principles on the Role of Lawyers” adopted by the VIII United Nations Congress on the Prevention of Crime and the Treatment of Offenders in August 1990.

Thus, the system of bar self-government bodies in Ukraine was created in full compliance with the recommendations of international partners and key international principles of the legal profession. There is no real need to amend the effective Law in terms of organization of the bar self-government bodies. Therefore, such attempts to intervene with the bar self-government - by adopting amendments to the Law - will not only destroy this system, but also remove Ukraine of the international norms of law and democracy.

Ukrainian advocates have emphasized that the number of violations of their professional rights is increasing. Thus, the reform of the relevant legislation should primarily concern the strengthening of the advocates’ professional rights and guarantees and the responsibility for their violations.

UNBA expresses its gratitude to the PACE Vice President, MP, advocate Georgiy Logvinskiy for his assistance in organizing the dialogue and expressed support in favor of the independence of the bar institute.

Popular news

Protecting the legal profession, cybersecurity and support for advocates: common themes for the IBA and the UNBA

Support

Protecting the legal profession, cybersecurity and support for advocates: common themes for the IBA and the UNBA

On September 18, a working meeting was held at the office of the Ukrainian National Bar Association with Executive Director of the International Bar Association (IBA) Mark Ellis. The parties discussed the Ukrainian advocacy profession’s participation in European legal processes, the protection of the UNBA’s digital infrastructure, psychological support for advocates and future areas of cooperation.

19:46 Fri 18.09.26 104
Are Europe's advocacy associations prepared for a potential war? V. Gvozdiy shared lessons from the Ukrainian experience

War

Are Europe's advocacy associations prepared for a potential war? V. Gvozdiy shared lessons from the Ukrainian experience

The continuity of the bar’s self-governance, the protection of professional registries and archives, as well as equal guarantees of employment for advocates, judges, and prosecutors must be enshrined in advance in legislation in the event of war or another emergency.

9:42 Mon 14.09.26 145
How DISC helps manage «tigers», «monkeys», «elephants» and «turtles»

Educational events

How DISC helps manage «tigers», «monkeys», «elephants» and «turtles»

The same instruction from a manager may motivate one employee to take action, while leaving another without the necessary guidance. People perceive work tasks differently: for some, a deadline and the expected outcome are enough, while others need explanations, time or a detailed plan.

11:22 Tue 01.09.26 158
The Verkhovna Rada is preparing a bill to implement the Convention on the Protection of the Professions of Lawyer

Legislation

The Verkhovna Rada is preparing a bill to implement the Convention on the Protection of the Professions of Lawyer

Members of Parliament plan to introduce a bill in the near future to implement the main provisions of the Council of Europe Convention on the Protection of the Professions of Lawyer. This parliamentary initiative may also prompt the government to expedite the preparation of the ratification package.

12:13 Fri 28.08.26 183
What an advocate should consider when a fee dispute escalates into a complaint to the QDBC

Educational events

What an advocate should consider when a fee dispute escalates into a complaint to the QDBC

If an advocate files a lawsuit seeking to recover fees from a client, the client may in turn file a complaint with the High Qualification and Disciplinary Commission of the Bar in an effort to compel the advocate to withdraw the lawsuit. How do the advocacy’s disciplinary bodies handle such cases?

13:07 Wed 26.08.26 124
Veteran-advocates returning to the practice of law: the UNBA has prepared recommendations

Edition

Veteran-advocates returning to the practice of law: the UNBA has prepared recommendations

Military service is incompatible with the practice of law; therefore, an advocate suspends their practice for the duration of their service. However, upon returning, they must reinstate their right to practice law, refresh their knowledge and reestablish their organizational and digital processes.

10:56 Tue 25.08.26 116
Energy, focus and priorities: how an advocate should plan their day

Educational events

Energy, focus and priorities: how an advocate should plan their day

A rigid workday schedule becomes irrelevant when your routine depends on air raid alerts and disrupted sleep caused by nighttime explosions. Under such conditions, advocates should assess the resources they can actually manage.

17:27 Mon 24.08.26 120
Appeals by NGOs and advocates' access to the SLC were discussed with the State Geocadastre

Discussion

Appeals by NGOs and advocates' access to the SLC were discussed with the State Geocadastre

Advocates’ access to data from the State Land Cadastre remains limited: there is no separate access, and a court order is required to obtain coordinates. At the same time, the functionality for generating extracts from the State Land Cadastre as of a specific date still needs further refinement. The State Geocadastre is working on this.

13:42 Mon 24.08.26 103

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

Оберіть файл