The 46th European Bar Presidents' Conference is dedicated to the independence of self-government

Advocacy
20:37 Fri 09.02.18 1152 Reviews
Print

UNBA/BCU Vice-President Valentyn Gvozdiy and the Chair of the Higher Audit Commission of the Bar Maksim Boldin, took part in the 46th Annual Conference of Bar Leaders of Europe in Vienna. This year, more than 200 leaders of national Bars, leaders of advocates' self-government and representatives of the largest professional organizations - CCBE and IBA took part in the conference.

The main topic of the 46th Conference was the independence of the professional self-government from the state. Discussions of the participants demonstrated that, regardless of the country at question, the relations between the Bar and Government remain problematic. This was a message delivered by representatives of France, while the delegation from Poland was concerned about the systematic problems that arose as a result of absence of a strong organization that could represent all advocates. Many delegations spoke about the menacing tendency of violation of the rights of Bar self-government, which poses a threat to the rule of law in principle.

"Our indisputable right to have independent professional organizations is the only guarantee of our strong influence on the rule of law. Otherwise, we will not be able to protect human rights," said Maria Šlazak, a former Vice-President of CCBE in her keynote speech at the conference.

For the first time in the history of the EPK, the Ukrainian delegation delivered a speech.

Valentyn Gvozdiy reported on the success of the Ukrainian Bar in the development of the self-government system. The core law of 2012, which currently regulates Ukrainian Bar, is one of the newest in Europe, however, within a short period of five years Ukrainian advocates managed to create from the ground up a new self-governing organization that fully complies with the standards of the Council of Europe, able to protect the rights of lawyers and act as a voice of the legal community. At the same time, the forced reform of the legal profession is a concern, since it is based upon a non-viable model of decentralization. As a result, the unity of the national Bar may be ruined, which poses a risk to the unitary Ukrainian State.

"Some ideologists of the Bar reform from the Working group of the Council for Judicial Reform propose to overhaul the system of advocates' self-government. A completely non-working option is on the table, which will be the first step towards the actual federalization of the legal profession in a unitary country. We cannot allow this to happen, as this proposal introduces a number of corruption risks, and, moreover, has nothing to do with actual decentralization, "- said Valentyn Gvozdiy.

The UNBA/BCU Vice-President informed that UNBA and regional Bar self-government, proposed to improve the existing model, rather than develop everything anew. The Joint Opinion of the Venice Commission confirmed its compliance with European standards both in terms of structure and distribution of powers. At the same time, the draft amendments from the Working Group are simply manipulative in terms of assessment of compliance with the standards of the Council of Europe and even direct contradict them.

Ukrainian delegation had a series of meetings at the conference, e.i. with President of the Legal Society of England and Wales on the preparation of a now traditional joint event in Kyiv. A number of meetings were also held with representatives of German Bar and Bars of other European nations.

There was a meeting with the President of the Bar of Kazakhstan. Madam President expressed interest history of development of Ukrainian Bar and its self-government system as means of defending the independence of the legal profession.

Popular news

A bill implementing the Convention on the Protection of the Professions of Lawyer has been introduced

Legislation

A bill implementing the Convention on the Protection of the Professions of Lawyer has been introduced

The constitutional guarantees of legal aid, defense, and the independence of advocacy cannot be realized without protecting advocates from unwarranted interference in their professional activities, including searches, the seizure of professional materials and the use of criminal procedural mechanisms to exert pressure.

14:08 Mon 05.10.26 192
The CCBE is discussing European justice and issues related to the protection of advocates

Abroad

The CCBE is discussing European justice and issues related to the protection of advocates

Today, October 2, a meeting of the Standing Committee of the Council of Bars and Law Societies of Europe (CCBE) is taking place in Brussels. On the agenda are the protection of the advocate profession, the rule of law, attorney-client privilege, and changes in the European justice system.

14:04 Fri 02.10.26 142
The UNBA presented the key provisions of the future law on advocacy in Brussels

Rule of Law Roadmap

The UNBA presented the key provisions of the future law on advocacy in Brussels

The Ukrainian National Bar Association presented its proposals for the upcoming law on advocacy, aligned with the Rule of Law Roadmap. The presentation covered topics such as access to the profession, self-governance, disciplinary procedures, professional development and guarantees for the practice of advocacy.

20:36 Thu 01.10.26 193
Advocates were taught to voice their complaints without making accusations

Educational events

Advocates were taught to voice their complaints without making accusations

In a difficult conversation, it’s easy to confuse facts with opinions, feelings with accusations, and requests with demands. How can you express dissatisfaction, explain your own needs, and propose a specific solution while still allowing your conversation partner the opportunity to refuse or suggest an alternative?

10:29 Wed 30.09.26 116
Unrestricted access to advocates' accounts poses a risk of client data disclosure — BCU

Guarantees of the practice of law

Unrestricted access to advocates' accounts poses a risk of client data disclosure — BCU

Information regarding transactions in the bank accounts of an advocate, a law firm, or a bar association from which clients can be identified, as well as the fact and subject matter of a request for legal assistance, the purpose of payments, and the amount of the fee constitutes attorney-client privilege. This rule applies regardless of whether the information also constitutes banking information and is in the possession of a bank.

16:47 Sat 26.09.26 109
The contract provides for a video conference, but the court requires in-person appearance: how should an advocate proceed?

Guarantees of the practice of law

The contract provides for a video conference, but the court requires in-person appearance: how should an advocate proceed?

Many advocates today work remotely; therefore, their agreements with clients provide for the provision of legal assistance via videoconferencing. However, this form of work does not, in and of itself, create an unconditional obligation for the court to conduct every hearing via videoconference.

16:25 Sat 26.09.26 113
Independent oversight is necessary before using CISA materials against an advocate – Lidiya Izovitova

Guarantees of the practice of law

Independent oversight is necessary before using CISA materials against an advocate – Lidiya Izovitova

Before the prosecution uses information obtained during covert investigative actions and related to an advocate’s activities, independent procedural oversight must be conducted. It is necessary to determine whether such information is covered by attorney-client privilege and whether it may be disclosed.

15:47 Fri 25.09.26 246
Handing over a bank card should not automatically constitute a crime – UNBA

Legislation

Handing over a bank card should not automatically constitute a crime – UNBA

Criminal liability for transferring a bank card or access to an account should arise only if it is proven that the person knew the card or account would be used as a means to commit an intentional crime. The mere fact that a payment instrument was transferred or that an account was used by a third party is not sufficient.

15:14 Wed 23.09.26 106

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

Оберіть файл