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

Advocacy
20:37 Fri 09.02.18 1133 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

The path to ratification of the Convention must not end in yet another delay — L. Izovitova

Legislation

The path to ratification of the Convention must not end in yet another delay — L. Izovitova

Ukraine’s preparations for the ratification of the Council of Europe Convention on the Protection of the Professions of Lawyer have already passed key stages. Now, government institutions must submit the matter to the Verkhovna Rada for consideration. In doing so, Ukraine may complete the ratification process faster than EU member states.

18:02 Thu 20.08.26 126
Ukraine could be the first to implement a European mechanism for the protection of advocates. What’s holding it back?

Guarantees of the practice of law

Ukraine could be the first to implement a European mechanism for the protection of advocates. What’s holding it back?

Ukraine has a chance to be the first country to ratify the Council of Europe Convention on the Protection of the Professions of Lawyer. Political support for this exists, but the government’s legislative package has not yet been submitted to parliament. Meanwhile, the number of violations of advocates’ rights is on the rise.

18:32 Wed 19.08.26 197
How can an advocate verify that work has been completed if the client refuses to sign the report?

Educational events

How can an advocate verify that work has been completed if the client refuses to sign the report?

When billing by the hour, the primary document for determining the fee may be a detailed report on the time spent by the advocate and the work performed. To prevent the client from withholding payment, the contract should specify in advance the procedure for submitting and approving such a report.

11:14 Wed 19.08.26 205
The BCU took note of the public appeal from the HCJ

Self-government

The BCU took note of the public appeal from the HCJ

The Bar Council of Ukraine has determined that, given the current security situation, it is objectively impossible to hold, in accordance with the procedure established by the Law «On the advocacy and the practice of law», meetings of advocates, regional conferences of advocates and the Congress of Ukrainian Advocates, including for the purpose of electing two members of the High Council of Justice under the quota allocated to the Congress of Ukrainian Advocates.

17:22 Tue 18.08.26 112
The BCU has launched a digital project «Wall of Remembrance and Honor»

War

The BCU has launched a digital project «Wall of Remembrance and Honor»

The Bar Council of Ukraine has adopted a resolution to launch the digital project «Wall of Remembrance and Honor». To this end, the UNBA is beginning to collect information on advocates and paralegals who lost their lives as a result of the Russian Federation’s armed aggression against Ukraine.

14:12 Tue 18.08.26 108
Energy law: the UNBA and the ADMGE have agreed to cooperate

Interaction

Energy law: the UNBA and the ADMGE have agreed to cooperate

Advocates will deepen their professional expertise in the field of energy law, and participants in the distributed and flexible generation market will have greater opportunities to obtain professional legal assistance.

14:31 Fri 07.08.26 201
How glasses help you switch off advocate mode – a lifehack

Educational events

How glasses help you switch off advocate mode – a lifehack

The constant need to be available to clients, thinking about cases outside of work hours, and internalizing others’ emotions blur the line between an advocate’s professional and personal life. That is why it is important to practice switching between contexts, use external «anchors» and separate one’s own responsibilities from those of the client.

11:12 Fri 07.08.26 102
Where does an advocate's time go and what do they get in return

Educational events

Where does an advocate's time go and what do they get in return

To assess balance in life, it’s worth identifying the areas where the most effort, time, and money are directed, and then determining what a person receives in return: income, respect, support, love, a sense of significance or the fulfillment of an important idea.

10:43 Thu 06.08.26 128

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

Оберіть файл