The 46th European Bar Presidents' Conference is dedicated to the independence of self-government
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
Legislation
Proceedings against military personnel following AWOL require clear deadlines — UNBA
A soldier’s return to duty after AWOL does not necessarily mean the end of criminal proceedings. To ensure that the case does not remain at the pretrial investigation stage, a clear procedure for the investigator and prosecutor is required.
Legislation
The UNBA warned of the risk of customs barriers for Ukrainian paper and furniture
Ukraine’s anti-deforestation rules are intended to preserve export access to the EU market. However, without paper and furniture on the list of goods, without effective sanctions, and with enforcement beginning only in 2030, these rules could hinder that goal.
Guarantees of the practice of law
Guarantees for advocacy without protective measures: proposed changes to the codes
The current law sets forth the rights and guarantees of the legal profession, but lacks the tools to protect them. The future law on advocacy is intended to fill this gap through amendments to criminal, administrative and procedural legislation.
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.
Discussion
War-related business losses: from documenting damage to seeking sources of compensation
How can businesses document war-related losses without losing evidence during the recovery process? What does an insurance policy actually cover, and where can assets be found for recovery? These are the questions facing businesses for which a court ruling does not yet mean actual compensation.
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.
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.
Discussion
First the return of assets, then subsidiary liability — an opinion
In bankruptcy cases, the legal entity’s ability to preserve and restore the financial foundation of its operations requires legal protection. In this regard, the right to solvency in which the legal entity is the aggrieved party should be an independent object of legal protection.
Publications
Vasyl Kolishnyi, «Law and Business» Supporting mental health should become part of the professional culture of the Bar, - H. Udovenko
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