UNBA informed CCBE about risks of liquidation of Bar self-government in Ukraine
UNBA informed CCBE about the risks of the demolition of the Bar self-government as a result of adoption of amendments to the law "On the Bar and Practice of Law", developed by the WorkGroup at the Council for Judicial Reform.
On February 8, in Vienna, UNBA/BCU Vice-President Valentyn Gvozdiy, Chair of the Higher Audit Commission of the Bar Maxim Boldin, and the CCBE Third Vice-President Dr Margarete Graefin von Galen had a meeting.
Ukrainian delegation informed Graefin von Galen on the progress of the preparation of amendments to the current law on the Bar in Ukraine and numerous risks that may lead to elimination independent system of Bar self-government. Despite the fact that since the adoption of the law in 2012 an effective system of national and regional Bar self-government was established, a package of amendments, unjustifified from the Bar needs standpoint is on the table.
Valentin Gvozdiy said that, alternatively, UNBA provided Council for Judicial Reform with its own version of amendments to the current law, approved by the legal community. The document provides for evolutionary changes in advocates’ self-government, which will strengthen the institutional capacity of a single national professional organization. UNBA Vice-President emphasized that without a strong self-governing organization, it will not be possible to protect rights of advocates effectively and they will remain largely declarative.
On her part, Graefin von Galen, CCBE Third Vice-President, assured that UNBA will continue to receive systematic institutional support from the largest professional organization of lawyers in Europe. CCBE understands the need for such support in current circumstances and in no way approves of changes to national legislation that weaken the status of advocacy as a self-governing and self-regulating institution.
CCBE is ready to conduct its own assessment of such legislative initiatives in response to a request from UNBA. CCBE is also ready to inform Verkhovna Rada of the negative consequences of the adoption of the draft law, should it find its way to the parliament.
The third vice president of CCBE assured that the process of preparing amendments to the law on the Bar is under the close watch of the European legal community and every stage of the reform will be duly appreciated by European colleagues.
During the meeting, it was noted that since the adoption of the law, Ukrainian lawyers have become a history of success in implementing European principles of the Bar organization.
It was emphasized that the 2012 law fully complies with the standards of the Council of Europe and provides a democratic approach to formation and operation of Bar self-government, provides for a balance of powers between the center and regions and a stable system of checks.
On February 9, Valentin Gvozdy will present the situation in Vienna during a speech at the 46th European Presidents’ Conference in Vienna, Austria, with more than 200 participants from all parts of Europe but also representatives of international lawyers’ organizations.
Popular news
Edition
Advocate or lobbyist? The UNBA has presented a guide to distinguishing between the professions
The Ukrainian National Bar Association has prepared a guide that helps distinguish between the legal status of an advocate and a lobbyist, explains the limits of permissible activities for each, and prevents possible violations of ethical and legal standards when participating in public policy-making.
Discussion
Occupational safety during wartime: legal risks and employer liability
On October 21, the National Bar Association of Ukraine held a round table discussion on «Occupational safety in conditions of martial law». Participants discussed how the war has changed the requirements for safe working conditions, what guarantees remain for employees, and what responsibility employers bear for violations of legislation in this area.
Abroad
The Czech advocacy has spoken out in defense of the professional independence of its Ukrainian colleagues
The Czech Bar Association (Česká advokátní komora, ČAK) will appeal to Ukrainian President Volodymyr Zelenskyy and Ukrainian authorities to ensure the preservation of the independence of advocacy in Ukraine.
Legal defence of military personnel
When agreement is (im)possible: family disputes involving military personnel
The number of family cases involving military personnel is growing, with the most common issues being divorce, division of joint property, alimony, deprivation or contestation of parental rights, adoption, establishment of guardianship, and cases related to domestic violence.
Legislation
UNBA warned about the risks of uncoordinated changes regarding incapacitated persons
The Ukrainian National Bar Association supports the idea of strengthening guarantees for persons declared legally incompetent by a court, but warns against adopting changes that are not coordinated with each other. To ensure real, rather than declarative, protection of rights, a systematic review of the provisions of the Civil Code and the Code of Civil Procedure is necessary.
Guarantees of the practice of law
Illegal mobilization of an advocate: UNBA achieved the opening of criminal proceeding
In the case of the beating of a Zakarpattia advocate, the cancellation of his deferment and his forced mobilization, the Pechersky District Court of Kyiv ordered the Office of the Prosecutor General to immediately enter the information into the Unified Register of Pre-trial Investigations and initiate criminal proceedings.
Guarantees of the practice of law
BCU will request that rooms for advocates to work in be created in all TCC
The Bar Council of Ukraine will appeal to the General Staff of the Armed Forces and the Ministry of Defense with a request to set up separate premises for advocates to work in all territorial recruitment and social support centers.
Self-government
BCU condemned information attacks on advocacy
Bar Council of Ukraine strongly condemned the coordinated campaign to discredit advocacy, in particular the leadership of the Odessa region bar association. Protecting colleagues from manipulation and misrepresentation became a separate item on the agenda of the BCU meeting on October 17–18.
Publications
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
Iryna Vasylyk Advocacy in the proclamation of Independence of Ukraine
Oleksandr DULSKY When we cross the border of the Supreme Anti-Corruption Court, we get into another department of the National Anti-Corruption…
Vadym Krasnyk The UNBA will work, and all obstacles and restrictions are only temporary inconveniences