The contents of the draft law 9055 are inconsistent with international standards and democratic procedures for the implementation of reforms
On September 7, the Bar Council of Ukraine created a working group for the analysis of the draft law 9055 “On the Bar and Practice of Law”, submitted to the Verkhovna Rada by the President of Ukraine on September 6, 2018. Consideration of this draft law is determined by the President as urgent.
In accordance with the assessment of the working group, the contents of the draft law 9055 are inconsistent with international standards and democratic procedures for the implementation of reforms. In fact, it is proposed to introduce a federal model for the bar that does not meet the contemporary needs of the human and citizen rights protection.
The position of the BCU is that inherently any changes to the specific legislation should ensure further approximation of the bar to European standards. Priority in this process should be strengthening the protection of the rights of advocates and guarantees to practice law. It is not only a matter of professional interest, but also a matter of protection of the rights of citizens and functioning of Ukraine as a country with the rule of law.
Unfortunately, the draft law 9055 submitted to the Parliament may lead to erroneous or evidently harmful legal experiments, creating chaos in the legal regulation of the practice of law, largely servicing the clandestine needs of certain individuals.
The proposed draft law 9055 contains the threat of destruction of institutional guarantees of the independence of the bar — bar self-government and self-regulation of the profession. Essentially, the bar is being wound 30 years back in its development.
The draft law 9055 eliminates European standards, including standards of an independent bar self-government. BCU believes that the adoption of the draft law 9055 would contradict the general logic of the European course of the country, numerous international instruments and, ultimately, the Strategy for reforming the judiciary, justice and related legal institutions, approved by Presidential Decree No. 276 dated May 20, 2015.
The draft law submitted to the Parliament will, if adopted, start an uncontrollable, full of abuse process of mass registration of regional chambers as new legal entities. It creates the grounds for cloning such organizations: countless pseudoadvocates' organizations will be created in the regions. And this is just one of the many risks that are inherent in the text of the draft law.
Badly thought-through provisions of the draft law 9055 in part of the bar self-government can become a grave mistake for the entire reform of the bar. Indeed, without strong, self-sufficient and stable self-government the advocates' rights will remain declarative. The institution, capable of defending each and every individual, would simply become non-existent.
A significant disadvantage of the draft law 9055 is that there are many corruption risks. The draft law 9055 is full of contradictions between different articles, terminological uncertainties, value judgments, especially in terms of regulating access to the practice and holding advocates disciplinarily liable and the allocation of legal fees. We are convinced that such things are unacceptable, because the anti-corruption component should be mandatory for each stage of the judicial reform.
The committed position of the UNBA is that the draft law 9055 needs to be assessed by the Venice Commission. Supporting the need for transparent and professional reform of the bar, the UNBA stands against the manipulation of European assessments and the clandestine attempts to return the bar under the control of the government.
The UNBA has prepared an alternative draft law based on the proposals that were presented by the bar communities all over Ukraine. The basis of the UNBA's draft law contains real problematique of the practice of law, the practical needs of advocates and the experience in the development of bar self-government, the practices of the ECHR, the key international documents on the organization of the bar institution.
Popular news
Support
Protecting the legal profession, cybersecurity and support for advocates: common themes for the IBA and the UNBA
On September 18, a working meeting was held at the office of the Ukrainian National Bar Association with Executive Director of the International Bar Association (IBA) Mark Ellis. The parties discussed the Ukrainian advocacy profession’s participation in European legal processes, the protection of the UNBA’s digital infrastructure, psychological support for advocates and future areas of cooperation.
Educational events
Tax residency of Ukrainians abroad: what matters
The determination of tax residency for Ukrainians who have been living abroad for an extended period depends on the combination of their personal and economic ties to each country. The established status determines the procedure for reporting income, paying taxes and fulfilling CFC reporting obligations.
War
Are Europe's advocacy associations prepared for a potential war? V. Gvozdiy shared lessons from the Ukrainian experience
The continuity of the bar’s self-governance, the protection of professional registries and archives, as well as equal guarantees of employment for advocates, judges, and prosecutors must be enshrined in advance in legislation in the event of war or another emergency.
Tragic news
Former CCBE President James MacGuill has passed away
The Ukrainian National Bar Association expresses its condolences on the passing of James MacGuill — a renowned Irish advocate and former president of the Law Society of Ireland and the Council of Bars and Law Societies of Europe (CCBE).
Educational events
How DISC helps manage «tigers», «monkeys», «elephants» and «turtles»
The same instruction from a manager may motivate one employee to take action, while leaving another without the necessary guidance. People perceive work tasks differently: for some, a deadline and the expected outcome are enough, while others need explanations, time or a detailed plan.
Guarantees of the practice of law
The Council of Europe Convention will strengthen constitutional guarantees of human rights – M. Stavniychuk
The exclusive right of an advocate to represent another person in court, as enshrined in the Constitution, should be viewed as an integral part of the mechanism for protecting human rights in Ukraine. Furthermore, ratification of the Council of Europe Convention on the Protection of the Professions of Lawyer could strengthen the substance of this and other guarantees.
Legislation
The Verkhovna Rada is preparing a bill to implement the Convention on the Protection of the Professions of Lawyer
Members of Parliament plan to introduce a bill in the near future to implement the main provisions of the Council of Europe Convention on the Protection of the Professions of Lawyer. This parliamentary initiative may also prompt the government to expedite the preparation of the ratification package.
Educational events
What an advocate should consider when a fee dispute escalates into a complaint to the QDBC
If an advocate files a lawsuit seeking to recover fees from a client, the client may in turn file a complaint with the High Qualification and Disciplinary Commission of the Bar in an effort to compel the advocate to withdraw the lawsuit. How do the advocacy’s disciplinary bodies handle such cases?
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