Report on UNBA’s needs simply a tool for lobbying the new Law on the Bar
“Assessment of the Needs of Ukrainian National Bar Association” report as of November 2017, prepared within the framework of CoE Project “Consolidation of Justice Sector Policy Development in Ukraine” is merely a tool for lobbying draft law “On amendments to the Law of Ukraine “On the Bar and Practice of Law”. The Bar continuously opposes the said draft.
UNBA/BCU President Lidiya Izovitova made this statement at the meeting of the Bar Council of Ukraine.
"Clearly, we are dealing with a kind of technology here – to pass the law, containing provisions reflected in the report ", - she underlined.
According to the UNBA President, at the time of drawing up their conclusions about the needs of UNBA, experts did not even bother to get familiar with the current law "On the Bar and Practice of Law" and did not look into the history of its adoption. In particular, they ignored the fact that the adoption of the current law was in line with the Opinion of the Venice Commission and PACE resolutions. These two international institutions considered it necessary to establish in Ukraine a united professional Bar organization with obligatory membership.
"Experts practically deny the conclusions of the Venice Commission, that were the basis for drafting the current law and laid the foundation for the advocates’ self-government," said the UNBA President.
She called take a closer look at who would actually benefit from the adoption of the draft law, containing such detrimental provisions.
"We have to look for the beneficiaries. It is unlikely that this would be beneficial to the Council of Europe, which stipulated that [Ukraine] should have a single professional Bar organization, while the Venice Commission added the mandatory membership requirement. Then what kind of regional membership, as authors of the report insist, are we talking about?" said Lidiya Izovitova.
Such superficial analysis of the state of advocacy in Ukraine proves that the experts disregard Ukraine’s advocacy tradition and also provided inadequate assessments of the Rules of Professional Conduct.
"We were amazed to learn that we have no [professional] tradition. To prove them wrong, today we will present them books on the history of the Bar in Ukraine, published by the Advocacy Research Center. We will also bring along copies of Rules of Professional Conduct and distribute them everyone, "said UNBA President.
The financial activity of NAAU became another controversial issue of the Report. Experts also reached doubtful conclusions about lack of transparency in financial activity of the Bar, and also put an untrue statement into the Report, claiming that UNBA is funded by international donors.
"We raised the question as to where did the money go, if it is true that international donors provided them for us. Because UNBA has never received such funds ", - UNBA President stated.
UNBA sent its comments concerning the Report to the Office of the Council of Europe on December 11, 2017.Popular news
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.
Self-government
BCU: NACP initiatives regarding advocacy are unconstitutional interference
The Bar Council of Ukraine has condemned the initiatives to reform the advocacy proposed by the National Agency for Corruption Prevention as direct, gross, and systematic interference by the executive branch in the activities of an independent constitutional institution.
Self-government
UNBA program for implementation of the Roadmap on the rule of law published
In order to ensure the implementation of measures set out in the Roadmap on the Rule of Law, the Bar Council of Ukraine approved a program for its implementation in relation to the reform of advocacy.
Professional Conduct
The results of the CISA cannot be used in disciplinary proceedings against advocates – BCU
Materials obtained through covert investigative (search) activities involving interference in private communications cannot be transferred or used in disciplinary proceedings against advocates. This is because the Code of Criminal Procedure does not allow investigators or prosecutors to use such materials outside of criminal proceedings.
URAU
Access to advocate contacts in URAU has been restored
The Bar Council of Ukraine has opened up public access to data from the Unified Register of Advocates of Ukraine, which was closed at the start of the full-scale invasion in 2022. The decision was made at a meeting on December 12–13.
Self-government
Members of the QDCB are not required to submit declarations - BCU
Bar Council of Ukraine examined the legal status of members of bar self-government bodies and found that they are not required to submit declarations of persons authorized to perform functions of state or local self-government.
Publications
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
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