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

Advocacy
12:57 Thu 14.12.17 915 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

Protecting the legal profession, cybersecurity and support for advocates: common themes for the IBA and the UNBA

Support

Protecting the legal profession, cybersecurity and support for advocates: common themes for the IBA and the UNBA

On September 18, a working meeting was held at the office of the Ukrainian National Bar Association with Executive Director of the International Bar Association (IBA) Mark Ellis. The parties discussed the Ukrainian advocacy profession’s participation in European legal processes, the protection of the UNBA’s digital infrastructure, psychological support for advocates and future areas of cooperation.

19:46 Fri 18.09.26 137
Tax residency of Ukrainians abroad: what matters

Educational events

Tax residency of Ukrainians abroad: what matters

The determination of tax residency for Ukrainians who have been living abroad for an extended period depends on the combination of their personal and economic ties to each country. The established status determines the procedure for reporting income, paying taxes and fulfilling CFC reporting obligations.

18:19 Thu 17.09.26 116
Are Europe's advocacy associations prepared for a potential war? V. Gvozdiy shared lessons from the Ukrainian experience

War

Are Europe's advocacy associations prepared for a potential war? V. Gvozdiy shared lessons from the Ukrainian experience

The continuity of the bar’s self-governance, the protection of professional registries and archives, as well as equal guarantees of employment for advocates, judges, and prosecutors must be enshrined in advance in legislation in the event of war or another emergency.

9:42 Mon 14.09.26 178
Payments to military personnel require clear and uniform criteria — UNBA Committee

Legal defence of military personnel

Payments to military personnel require clear and uniform criteria — UNBA Committee

The vagueness of terms in subordinate regulatory acts leads to differing interpretations of the grounds for paying additional compensation to military personnel. The UNBA has proposed harmonizing these acts and establishing transparent criteria for the allocation of funds.

16:45 Wed 09.09.26 116
Former CCBE President James MacGuill has passed away

Tragic news

Former CCBE President James MacGuill has passed away

The Ukrainian National Bar Association expresses its condolences on the passing of James MacGuill — a renowned Irish advocate and former president of the Law Society of Ireland and the Council of Bars and Law Societies of Europe (CCBE).

10:27 Mon 07.09.26 125
From the condition of the railcar to the cause of the accident: how railroad accident investigations work

Discussion

From the condition of the railcar to the cause of the accident: how railroad accident investigations work

Railway and transportation expertise makes it possible to assess the technical condition of rolling stock and tracks, determine the technical cause and mechanism of an incident, assess whether employees’ actions complied with regulatory requirements, and ascertain whether, from a technical standpoint, a derailment, collision, impact, or other incident could have been prevented.

10:02 Fri 04.09.26 106
The Convention on the Protection of the Professions of Lawyer will receive significantly more than 226 votes – M. Stefanchuk

Legislation

The Convention on the Protection of the Professions of Lawyer will receive significantly more than 226 votes – M.…

Once the technical preparations are complete, the ratification of the Council of Europe Convention on the Protection of the Profession of Advocate will receive broad support in the Verkhovna Rada. Significantly more than the minimum required 226 members of parliament may vote in favor of the international treaty.

17:53 Thu 03.09.26 104
Young – therefore inexperienced: how female advocates should respond to stereotypical accusations

Educational events

Young – therefore inexperienced: how female advocates should respond to stereotypical accusations

Comments regarding age, gender, or appearance made in court can distract a lawyer from defending their client’s interests. Therefore, before responding, it is important to assess the relevance of the remark to the case, determine the limits of what is permissible and decide on the next course of action.

10:29 Thu 03.09.26 106

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

Оберіть файл