Bar reform cannot be introduced contrary to European standards — Ivan Hrechkivskyi
The Bar reform cannot be introduced contrary to European standards and by substituting the subject of legal profession representation.
This was mentioned by Ivan Hrechkivskyi, the Head of the International Relations Committee in his interview to Yurydychna Praktyka Newspaper.
“UNBA, as a representative of the Bar, is not opposed to the changes as such. But we are against the way they are trying to change our law. We are against the substitution of the concepts and the removal of UNBA from the decision-making on the future of the Bar. And this is not a whim, it is a fundamental principle of the independence of advocates, approved by the United Nations in 1990: if there is an independent association of advocates in the State, any further amendments to the law on the Bar shall be implemented with the participation of representatives of the legal profession”, — said Ivan Hrechkivskyi.
According to him, the submission of a draft law, approved without the participation of UNBA representatives, for the assessment by international experts of the Council of Europe also substitutes the international instruments for obtaining a full assessment of laws on compliance with the standards of law and democracy.
“There is also a substitution of concepts in the address to the Council of Europe experts. Its experts have only the right to determine whether the proposed changes comply with the minimum standards of independence of the Bar or not. Most likely, they meet the minimum standards. Another thing is that the standards laid down by the effective law are much higher than the minimum. However, the Council of Europe experts do not have the right to compare two documents, since it is an exclusive right of the Venice Commission, which, by the way, has highly assessed the current law twice”, — said the Head of the UNBA Committee.
Given the above, the UNBA, with the support of ССВЕ, will initiate a full assessment of the draft law by the European Commission for Democracy through Law.
“The CCBE and, in particular, the PECO committee members dealing with the problems of the Bars in the countries of Eastern Europe, do not understand the approaches taken by the Ukrainian authorities to solve the issues of the Bar, and, of course, they express their support not so much to us personally, but to the fundamental principles of independence of the Bar, which should be observed by civilized countries”, — said Ivan Hrechkivskyi.
Full text of the interview can be found by following this link.
Popular news
Guarantees of the practice of law
Impunity for public stigmatization of advocates violates the constitutional right to defense
The prohibition of identifying an advocate with a client is an international standard enshrined in the Law «On advocacy and legal practice». However, without accountability, this guarantee does not work, which poses a direct threat to the realization of the right to defense and the principle of adversarial proceedings.
Legislation
Inheritance of a share in joint property and more: advocates have made comments
In the event of the death of one of the subjects of joint shared ownership, the shares of each of the co-owners in the joint shared ownership shall be deemed equal, unless otherwise agreed between them, by law, or by a court decision.
Legislation
Implementation of the Roadmap: the composition of the working group ensures a high level of expertise
The composition of the Working Group on the implementation of the Roadmap on the rule of law in relation to advocacy demonstrates the high institutional level of the experts involved by the Ukrainian National Bar Association in the formation of a package of decisions.
Legislation
UNBA initiatives to implement the Roadmap were supported by international experts
International experts who participated in the inaugural meeting of the Working Group on the implementation of the Roadmap on the rule of law in advocacy and agreed to join it expressed their support for the initiative of the Ukrainian National Bar Association.
Legislation
How will the group responsible for implementing the Roadmap for advocacy operate?
The working group on the implementation of the Roadmap on the rule of law in the area of advocacy will operate at several levels: plenary meetings as a platform for adopting framework decisions, a coordination bureau for compiling documents and calendar control, and thematic subgroups for preparing norms and their justification. International experts will verify the results against European standards and «red lines».
Legislation
Advocacy is a responsible entity, not a critic of reform — V. Gvozdiy
The Roadmap on the Rule of Law is not a basis for restructuring the model of advocacy, but a framework for verifying and improving the already European-oriented system. At the same time, part of the work has already been done, so further progress should be made in the form of coordinated and practical decisions.
Legislation
Vatras on the implementation of the Roadmap: only advocates should create their own destiny
Work on implementing the Roadmap in relation to advocacy should be based on the participation of the professional community itself, and key tasks should be structured in such a way as to avoid mixing processes that differ in content and procedure.
Legislation
Lidiya Izovitova outlined the approach to implementing the Roadmap for advocacy
The general approach to working on the implementation of the Roadmap on the Rule of Law in terms of reforming advocacy should not be based on «slogans», but rather on gathering facts, comparing them with standards, consulting with the professional community, and formulating norms for which participants are prepared to take responsibility.
Publications
Volodymyr Matsko Extradition as a systemic form of rights violations
Victoria Yakusha, Law and Business The anti-corruption vertical cannot «take care» of the Bar as an institution, - acting head of the HQDCB
Censor.net Protecting advocates – protecting justice: addressing concerns about the new law
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