Implementation of the Bar reform rests upon false priorities - Valentyn Gvozdiy

Advocacy
13:46 Tue 19.12.17 833 Reviews
Print

The Bar reform is being implemented without consultations with UNBA - the only professional organization representing the entire legal community. The reform itself pursues the false priorities.

"There better be a good, justified reason for the destruction of the newly-created and efficiently functioning Bar self-government system," said Valentyn Gvozdiy, Vice-President of UNBA/BCU.

"Unfortunately, we are witnessing the attempt to pull off a pseudo reform of the most important constitutional institution – the Bar, with intent to destroy it. Instead of strengthening the guarantees and protecting the rights of lawyers, by implementing them into the procedural codes, and imposing strict liability for violating these rights, the reformers look forward to liquidation of advocate's self-government and this independence of the profession", - said the Vice-President of UNBA/BCU Valentyn Gvozdiy in his interview to the "ZiB" newspaper.

The situation around preparation of amendments to the law "On the Bar and Practice of Law" remains unchanged, and the opinion of the Bar is still ignored.

"Everyone is well aware of the recent scandal, which shocked both Ukrainian and international legal community. An attempt was made to hide from the lawyers the text of the notorious draft law regulating the profession developed by this group, which allegedly had been drafted, but was not approved or discussed with the advocates themselves, no analysis of UNBA’s was carried out," - said Vice-President of  UNBA/BCU Valentyn Gvozdiy in his interview to the "ZiB" newspaper.

Instead, the ‘new’ version of the law is being forced upon the legal community. The main changes that the draft law will lead to the destruction of advocates’ self-government in Ukraine and the Bar will no longer be an independent institution .

In particular, it is proposed to create 27 independent regional Bar associations instead of one, and strip UNBA/BCU of all powers; the regional chambers will be presided over by one person, who alone will dispose of all the money of the advocates’ self-government in the region. It is envisaged that each region will maintain its own register of advocates. The control over the exam process  will be centralized throughout the country; the right to appeal  decisions of the Higher Disciplinary Commission is narrowed. Disciplinary commissions will become part of the regional chambers themselves. Thus, the commissions will be under the control of these chambers. Finally, the independence of the local Bar self-government is completely limited, as they are deprived of funding.

In addition, somebody tries to drag European institutions into the conflict around the "Bar reform", in particular the Office of the Council of Europe in Ukraine. Two CoE experts prepared a report " Assessment of the Needs of Ukrainian National Bar Association", the content of which does not correspond to the title.

"The true needs of the professional organization of lawyers of Ukraine have not been identified and analyzed. Moreover, implementation of the expert recommendations of experts will lead to the opposite - destruction of the UNBA," warns Valentyn Gvozdiy.

Full text of the interview available at the link.

Popular news

UNBA calls for compliance with Council of Europe standards for the legal profession

Advocacy

UNBA calls for compliance with Council of Europe standards for the legal profession

The recently approved roadmap for EU accession in terms of bar reform refers to non-existent European standards and was adopted in violation of international principles. Therefore, before talking about changes, it is necessary to compare the current model of the bar with the Council of Europe standards embodied in the Convention on the Protection of the Profession of Lawyer.

14:19 Fri 06.06.25 107
Mobilization of advocates in court: UNBA records another case of pressure

Advocacy

Mobilization of advocates in court: UNBA records another case of pressure

The Ukrainian advocacy has once again faced extrajudicial influence on advocates with the aim of obstructing the exercise of their legitimate powers related to the provision of professional legal assistance to clients.

16:35 Fri 30.05.25 182
BCU demands verification of authenticity of SSU letter on «dangerous» advocacy

Advocacy

BCU demands verification of authenticity of SSU letter on «dangerous» advocacy

The Bar Council of Ukraine will appeal to the head of the Security Service of Ukraine, Vasyl Malyuk, regarding the verification of information about «negative trends in the legal profession» disseminated by some media outlets on behalf of the SSU.

17:34 Wed 14.05.25 138
Council of Europe Convention on the Protection of the Profession of Advocate open for signature

Advocacy

Council of Europe Convention on the Protection of the Profession of Advocate open for signature

Thirteen member states of the Council of Europe have signed the Convention on the Protection of the Profession of Advocate, which was adopted by the Committee of Ministers of the Council of Europe on March 12, 2025. Four more countries will do so today. Ukraine is not among them.

9:28 Wed 14.05.25 164
BCU initiates resolution of the issue of visits by advocates to convicted persons

Advocacy

BCU initiates resolution of the issue of visits by advocates to convicted persons

Article 110 of the Criminal Enforcement Code guarantees convicted persons confidentiality of meetings with their advocate. One of the important elements is the possibility to communicate with an advocate in a room without a solid partition. In practice, this provision of the law is systematically violated.

12:32 Wed 07.05.25 131
Advocates, academics, and experts examine problems in forensic examination (video)

Advocacy

Advocates, academics, and experts examine problems in forensic examination (video)

The Ukrainian National Bar Association, in cooperation with leading scientific and research institutes of forensic expertise, organized a round table on expert support for legal practice.

14:39 Mon 05.05.25 148
Does the mobilization of a lawyer violate the human right to defense - conclusion of the Supreme Court

Advocacy

Does the mobilization of a lawyer violate the human right to defense - conclusion of the Supreme Court

Article 335 of the CPC provides for the suspension of court proceedings only in cases where the accused was called up for military service during mobilization. However, this provision does not apply to the mobilization of a defense counsel.

16:46 Fri 02.05.25 144
Searching for a model of elections for post-war Ukraine: conclusions of the round table

Advocacy

Searching for a model of elections for post-war Ukraine: conclusions of the round table

Reforming Ukraine's electoral system is extremely important in the context of the upcoming post-war elections. In particular, the realization of the right to vote should be facilitated by improving the voting system. But today Ukraine faces numerous challenges.

12:51 Fri 02.05.25 115

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

Оберіть файл