Bar reform cannot be introduced contrary to European standards — Ivan Hrechkivskyi

Advocacy
13:43 Tue 05.12.17 1179 Reviews
Print

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 for advocacy without protective measures: proposed changes to the codes

Guarantees of the practice of law

Guarantees for advocacy without protective measures: proposed changes to the codes

The current law sets forth the rights and guarantees of the legal profession, but lacks the tools to protect them. The future law on advocacy is intended to fill this gap through amendments to criminal, administrative and procedural legislation.

19:41 Tue 13.10.26 100
A bill implementing the Convention on the Protection of the Professions of Lawyer has been introduced

Legislation

A bill implementing the Convention on the Protection of the Professions of Lawyer has been introduced

The constitutional guarantees of legal aid, defense, and the independence of advocacy cannot be realized without protecting advocates from unwarranted interference in their professional activities, including searches, the seizure of professional materials and the use of criminal procedural mechanisms to exert pressure.

14:08 Mon 05.10.26 214
The CCBE is discussing European justice and issues related to the protection of advocates

Abroad

The CCBE is discussing European justice and issues related to the protection of advocates

Today, October 2, a meeting of the Standing Committee of the Council of Bars and Law Societies of Europe (CCBE) is taking place in Brussels. On the agenda are the protection of the advocate profession, the rule of law, attorney-client privilege, and changes in the European justice system.

14:04 Fri 02.10.26 158
The UNBA presented the key provisions of the future law on advocacy in Brussels

Rule of Law Roadmap

The UNBA presented the key provisions of the future law on advocacy in Brussels

The Ukrainian National Bar Association presented its proposals for the upcoming law on advocacy, aligned with the Rule of Law Roadmap. The presentation covered topics such as access to the profession, self-governance, disciplinary procedures, professional development and guarantees for the practice of advocacy.

20:36 Thu 01.10.26 210
Advocates were taught to voice their complaints without making accusations

Educational events

Advocates were taught to voice their complaints without making accusations

In a difficult conversation, it’s easy to confuse facts with opinions, feelings with accusations, and requests with demands. How can you express dissatisfaction, explain your own needs, and propose a specific solution while still allowing your conversation partner the opportunity to refuse or suggest an alternative?

10:29 Wed 30.09.26 137
Search of an advocate's office after client's acquittal: criminal complaint filed

Guarantees of the practice of law

Search of an advocate's office after client's acquittal: criminal complaint filed

In Kyiv, law enforcement officers conducted a search of the home of an advocate who had defended a client acquitted by the court and seized materials from the advocate’s case file. The proceedings were initiated shortly after the acquittal, even though the document they were searching for was already included in the court case file.

17:54 Tue 29.09.26 107
The paradoxes of urgency: is it possible to investigate a crime before it is committed?

Guarantees of the practice of law

The paradoxes of urgency: is it possible to investigate a crime before it is committed?

On September 24 in Kyiv, National Police officers detained an advocate during an emergency search, having caught him in the act of committing a crime. At the time, the pretrial investigation in this case had already been ongoing for more than four months.

18:01 Mon 28.09.26 115
A side effect of the video conference: the judge mistook the sound of a chair for the advocate's response

Guarantees of the practice of law

A side effect of the video conference: the judge mistook the sound of a chair for the advocate's response

Technology also has its downsides. The High Council of Justice acquitted a judge who failed to hear the advocates during court proceedings in a civil case. One of the arguments presented to the disciplinary body was poor connectivity, the risks of which are borne by the participants.

17:22 Mon 28.09.26 108

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

Оберіть файл