Report on UNBA’s needs simply a tool for lobbying the new Law on the Bar

Advocacy
12:57 Thu 14.12.17 721 Reviews
Print

“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

The UNBA and the Ministry of Veterans are expanding their cooperation

Interaction

The UNBA and the Ministry of Veterans are expanding their cooperation

War veterans, their family members, as well as the family members of fallen Defenders of Ukraine are to receive improved access to professional legal assistance and additional opportunities for independent legal protection.

16:27 Mon 13.04.26 115
Advocates have warned that the draft Labor Code would curtail workers' protections

Legislation

Advocates have warned that the draft Labor Code would curtail workers' protections

Certain provisions of the draft Labor Code of Ukraine regarding collective labor disputes undermine labor protections and do not comply with constitutional and international standards.

11:47 Thu 09.04.26 202
Representatives from the Ministry of Veterans Affairs and the UNBA discussed veterans' access to justice

Legal defence of military personnel

Representatives from the Ministry of Veterans Affairs and the UNBA discussed veterans' access to justice

On April 3, a working meeting was held at the Ministry of Veterans Affairs of Ukraine with representatives of the Ukrainian National Bar Association, dedicated to improving the effectiveness of legal protection for war veterans and their families.

16:17 Tue 07.04.26 147
The right of minors to marry: how judicial oversight works

Educational events

The right of minors to marry: how judicial oversight works

The issue of granting minors the right to marry lies at the intersection of family law, child protection, and judicial discretion. The UNBA Committee on family law dedicated a webinar held on March 30 to this very topic.

11:28 Tue 07.04.26 180
The UNBA and the Coordination headquarters have agreed to cooperate in assisting those released from captivity

Interaction

The UNBA and the Coordination headquarters have agreed to cooperate in assisting those released from captivity

Servicemen released from captivity, family members of prisoners of war, civilians deprived of their personal liberty as a result of armed aggression, as well as persons missing in connection with the war, will gain additional opportunities to access legal assistance and protect their rights.

19:14 Mon 06.04.26 157
BCU: The HCJ’s decisions undermine the constitutional guarantees of the independence of the advocacy profession

Self-government

BCU: The HCJ’s decisions undermine the constitutional guarantees of the independence of the advocacy profession

The Bar Council of Ukraine has concluded that, in its recent decisions, the High Council of Justice has, without legal grounds, called into question the right of bar self-governing bodies to protect the guarantees of legal practice and has, in effect, attempted to grant one of its members — who retains the status of an advocate — special immunity from the Rules of professional conduct and disciplinary responsibility.

14:56 Thu 02.04.26 191
The Bar Council of Ukraine begins its meeting

Announcements

The Bar Council of Ukraine begins its meeting

Today, April 2, a meeting of the Bar Council of Ukraine is taking place in Kyiv. On the agenda are issues related to the activities of bar self-governing bodies, consideration of a decision by the High Council of Justice, a number of appeals, as well as a discussion of the current state and pressing issues regarding the functioning of the legal aid system.

12:48 Thu 02.04.26 160
The UNBA and the National Guard have agreed to cooperate on legal protection for military personnel

Interaction

The UNBA and the National Guard have agreed to cooperate on legal protection for military personnel

Servicemembers of the National Guard, their family members, and veterans are to receive additional legal tools to protect their rights, while the National Guard’s legal services will receive methodological and expert support.

12:49 Mon 30.03.26 166

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

Оберіть файл