Implementation of the Bar reform rests upon false priorities - Valentyn Gvozdiy
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
Interaction
Protecting the rights of service members: The UNBA and the Military Ombudsman have agreed on cooperation
Servicemembers, reservists, conscripts during training exercises, members of local community volunteer units, and other individuals covered by the Law «On the Military Ombudsman» should have better access to professional legal assistance.
Rule of Law Roadmap
Reform without data and advocacy: what the Ministry of Justice’s launch has revealed
The Ministry of Justice hosted the first meeting of the working group on bar reform. But instead of professional preparation of legislative changes, we saw exactly what Armada Network Director Dale Armstrong had spoken about the day before in Kyiv: not reform, but a struggle for control over the agenda through a narrow circle of “stakeholders” who create an echo chamber of influence for themselves.
Rule of Law Roadmap
Advocacy, European integration and the limits of intervention: an American report presented in Kyiv
Following its presentation in Brussels, the report «The Ukrainian advocacy in the context of the rule of law and European integration» made its way to Kyiv. It highlighted critical issues both in understanding the very nature of the self-governing profession and in the emergence of a «shadow market» surrounding the Ukrainian advocacy.
Discussion
ETAIDF and MMC: where the system fails
The new system for assessing a person’s daily functioning and the practice of undergoing medical-legal examinations have already raised numerous questions — ranging from unclear procedures to difficulties in appealing decisions. These issues were examined by advocates during the roundtable discussion «Problematic issues of the ETAIDF and MMC», organized by the UNBA Committee on the protection of the rights of persons with disabilities and the All-Ukrainian public organization «Human rights union of persons with disabilities».
Rule of Law Roadmap
Access to the advocate profession: a subgroup has identified the direction of change
On Monday, March 16, a meeting was held of the subgroup «Access to the profession and training of advocates. Organizational forms of legal practice» of the Working Group on the implementation of the Rule of Law Roadmap.
Rule of Law Roadmap
Organization of advocacy: subgroup agrees on approaches to regulatory reform
On March 13, a meeting was held of the «Organization of the advocacy and self-government» subgroup of the Working Group on the implementation of the Rule of Law Roadmap regarding bar reform. The event was conducted via videoconference.
Guarantees of the practice of law
Ukraine has signed the Convention for the Protection of the Profession of Lawyer
Today, on 9 March, Ukraine's Permanent Representative to the Council of Europe Mykola Tochytskyi signed the Council of Europe Convention for the Protection of the Profession of Lawyer. This makes our country the 28th to sign this important international treaty.
European integration
The subgroup on European integration held its inaugural meeting
On March 5, the Ukrainian National Bar Association hosted a meeting of the subgroup of the Working Group on the implementation of the Roadmap on the rule of law in terms of reforming the advocacy sector, entitled «European integration, international practice and digitalization».
Publications
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
Sergiy Vylkov Our judicial system is so built that courts do not trust advocates