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

Advocacy
13:46 Tue 19.12.17 842 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

Without the protection of advocates, there will be no fair trials in Ukraine — forum in Odesa

Discussion

Without the protection of advocates, there will be no fair trials in Ukraine — forum in Odesa

Identifying an advocate with their client undermines the foundations of justice, as it deprives individuals of the opportunity to exercise their right to defense, forces advocates to avoid participating in high-profile cases, and ultimately renders procedural guarantees meaningless. Without this, fair trial is impossible.

14:42 Fri 29.08.25 100
What data is sufficient to initiate an investigation – UNBA comments on draft law No. 12439

Legislation

What data is sufficient to initiate an investigation – UNBA comments on draft law No. 12439

The problem of law enforcement pressure on business remains one of the most acute for the Ukrainian economy. The lack of regulation of certain procedures in the Criminal Procedure Code leads to abuses, as a result of which entrepreneurs find themselves in a state of legal uncertainty.

19:41 Fri 22.08.25 108
The Verkhovna Rada is waiting for the Minister of Justice to take action on signing the Convention on the protection of the profession of advocate

Guarantees of the practice of law

The Verkhovna Rada is waiting for the Minister of Justice to take action on signing the Convention on the protection of t…

Ukraine, which was directly involved in the preparation of the world's first Council of Europe Convention on the protection of the profession of advocate, has still not signed it. There appear to be no formal objections, but no real steps have been taken towards accession either.

13:51 Thu 21.08.25 139
Australian advocate apologizes in court for fake AI quotes

Abroad

Australian advocate apologizes in court for fake AI quotes

In Australia, a royal advocate apologized to a judge for submitting documents in a criminal case against a teenager accused of murder that contained fabricated quotes and non-existent court decisions generated by artificial intelligence.

13:46 Tue 19.08.25 105
Support for the defense industry should not upset local budgets, - UNBA

Legislation

Support for the defense industry should not upset local budgets, - UNBA

It is necessary to create additional incentives for enterprises in the defense and industrial complex, while ensuring the balance of the budget system and the predictability of both revenues and expenditures of local self-government.

11:27 Fri 15.08.25 122
UNBA warns of extreme financial risks for defense industry companies

Legislation

UNBA warns of extreme financial risks for defense industry companies

The lack of transparent control over the activities of the Ministry of Defense as a regulator, as well as excessive sanctions for leaving the Defense City regime, create risks for defense enterprises that could lead to their bankruptcy.

13:04 Wed 13.08.25 129
BCU reports interference by a member of the High Council of Justice in the activities of a lawyer and submits official appeals

Guarantees of the practice of law

BCU reports interference by a member of the High Council of Justice in the activities of a lawyer and submits officia…

The Bar Council of Ukraine, having considered the statement of advocate Oleksandr Vikhrov, established the fact of interference by Roman Maselko, a member of the High Council of Justice, in the advocacy activities, violation of attorney-client privilege, and exceeding his powers in evaluating a candidate for the position of judge.

10:41 Wed 13.08.25 139
Consent to arrest advocates must be given by bar self-regulatory bodies

Legislation

Consent to arrest advocates must be given by bar self-regulatory bodies

Granting the High Council of Justice the power to give consent to the detention of an advocate or to keep him in custody would be a direct interference in the activities of the Ukrainian advocacy. This contradicts the principle of independence of the advocacy guaranteed by the Constitution and laws.

15:23 Tue 12.08.25 117

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

Оберіть файл