BCU recognized an attempt to convene illegal conference of advocates of Kyiv City as illegitimate
The Bar Council of Ukraine recognized that the meeting of lawyers, which took place in Kyiv on October 7, 2017, fell short from the definition of a conference of advocates of the region. Decisions adopted at such a meeting have no legal consequences.
This is stated in the BCU decision No. 227 as of November 15, 2017, "Concerning issues that arose in connection with the meeting called 'Reporting and Election Conference of Kyiv City advocates' on October 7, 2017.
The relevant meeting was held without representational quota set by the Bar Council of Ukraine, as well as without approved procedure of nomination and election of conference delegates, and without approved Rules of Procedure. Thus, the meeting did not conform to the provision of the Law 'On the Bar and Practice of Law' (Arts. 47, 55) and binding decisions of the BCU.
Besides that, the initiator of the said meeting, Inna Rafalska, had no right to practice law and participate advocates' self-government, because her license was suspended on 17 August 2017. This is another proof that she assumed powers of the Chair of the Kyiv City Bar Council, by way of sending to the Bar Council of Ukraine the 'Protocol of the Reporting and Election Conference of Kyiv City Advocates as of October 7, 2017.'
In connection therewith, the BCU, by way of its another decision, refused to issue Mrs. Rafalska the password for administrative access to Kyiv City Bar Council section of Unified Register of Advocates of Ukraine, since she was not properly authorized.
The Bar Council of Ukraine also decided to address law enforcement agencies and courts in Kyiv City to refute the information provided by Mrs. Rafalska in her letters to them. She also baselessly claimed that Kyiv City Bar Council of Kyiv was elected anew, and called offal the powers of attorney issued to Petro Riabenko, incumbent Chair of the Kyiv City Bar Council. Also, BCU continually asserts that excerpts from URAU issued and signed by Mrs. Rafalska are null and void.
The BCU maintains that Kyiv Bar Council was formed at the conference of advocates of the region on October 8, 2016, and continues its work without any interruptions. The second-level URAU administrator is Petrj Riabenko, incumbent Chair of the Kyiv City Bar Council.
Given that, the BCU also decided to address QDCB of Kyiv City with complaints against inappropriate behavior of some advocates, that, contrary to the law and decisions of the BCU, knowing full-well about the legitimate status of the Kyiv City Bar Council and QDCB of Kyiv City, agreed to be allegedly elected to the advocates' self-government at a meeting that did not have the status of the conference.
Popular news
Legislation
Proceedings against military personnel following AWOL require clear deadlines — UNBA
A soldier’s return to duty after AWOL does not necessarily mean the end of criminal proceedings. To ensure that the case does not remain at the pretrial investigation stage, a clear procedure for the investigator and prosecutor is required.
Legislation
The UNBA warned of the risk of customs barriers for Ukrainian paper and furniture
Ukraine’s anti-deforestation rules are intended to preserve export access to the EU market. However, without paper and furniture on the list of goods, without effective sanctions, and with enforcement beginning only in 2030, these rules could hinder that goal.
Legislation
Fines for loud exhaust — based on a standardized measurement method — UNBA
Measures to combat intentionally loud exhaust noises are justified, especially during wartime. However, as long as the law does not specify which noise standard to apply or how to measure it on the road, this new liability can be neither fair nor effective.
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.
Abroad
Living abroad doesn't sever your ties with Ukraine: what you should check
Moving to another country and even long-term residence abroad does not automatically sever an individual’s legal ties to Ukraine. Tax residency, sole proprietorship status, foreign income, enforcement proceedings, and military registration remain relevant even after relocation.
Legislation
Exceptions to the state prosecutor's representation in court must be consistent with the CCU's decision
To prevent the provisions of Article 23 of the Law «On the prosecutor’s office» from being declared unconstitutional again, the proposed amendments contained in the government’s draft law should be clarified.
Educational events
How can an advocate defend a client whose data is processed by the Interpol system?
The absence of a last name on the Interpol website does not necessarily mean that no one is looking for that person. How can you find out exactly what information police databases in 196 countries hold about a client, and does the removal of a record mean that the problems are behind you?
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.
Publications
Vasyl Kolishnyi, «Law and Business» Supporting mental health should become part of the professional culture of the Bar, - H. Udovenko
Volodymyr Matsko Extradition during wartime: when the risks outweigh the request
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