The Bar Council of Kharkiv region appealed against the draft law 9055 "On the Bar and Practice of Law"
The Bar Council of Kharkiv region appealed against the draft law 9055 "On the Bar and Practice of Law" in the proposed wording.
On September 10 the Bar Council of Kharkiv region held a public discussion of the draft law No. 9055 "On the Bar and Practice of Law", during which were criticised a number of provisions of the new law. The event was attended by Council members, advocates of the region, the Chairman of HQDCB Oleksandr Drozdov.
Advocates believe that this draft law negates the effectiveness of client protection and guarantees of legal privilege preservation. The draft law provides a right of investigator to withdraw from the advocate any documents and to access confidential information.
Article 22 of part 1 of the draft law 9055 essentially forbids advocates to use full mechanism of human rights protection. In accordance with the new draft law, the advocate has no right to challenge the judge, constantly submit a petition (including the change of preventive measures).
Individual actions aimed to protect the client might be perceived as abuse of the law and lead to bring an advocate to disciplinary liability; in some cases, up to deprivation of the certificate of right to practice law.
In accordance with the draft law, advocates also will be limited in the access to the information upon advocates' requests. The grounds for giving the information specified in the draft law entitle officials with impunity to deny advocates' requests in any case.
The draft law has a discriminatory restrictions of access to the legal profession.
In accordance with paragraph 3 of article 3, seniority of the lawyers who work in enterprises, institutions and organizations will be excluded from the extensive list of persons who can pass the bar exam. They will be deprived of profession and labour, because they will not be able to acquire the status of an advocate.
Article 28 of the draft law prohibits advocate to work with other clients, if he works under an employment contract.
According to the advocates of Kharkiv region, the content of this draft law does not meet international standards and democratic procedures for the formulation and implementation of reforms. In fact, without consultation with the only professional organization of the bar it is proposed to introduce a Federal model of bar self-government and eliminate the current system of bar self-government bodies.
First of all, the bar of Ukraine needs changes such as increasing of guarantees, raising of the responsibility for crimes against advocate, including responsibility for identification of advocates with their clients, but the version, which is now proposed in the draft law 9055, does not correspond to the real needs of the profession.
Popular news
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.
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.
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.
Self-government
Efforts to develop advocacy must be brought to fruition — A. Misyats
The Ukrainian advocacy profession is currently going through a critical phase. Amid the war, it must ensure the continuity of legal aid, defend the independence of the profession, and improve qualification and disciplinary procedures in accordance with European standards. The work that has been started must be brought to a practical conclusion.
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.
Discussion
When working with sole proprietorships leads to business fragmentation: criteria and recommendations
What criteria do regulatory and law enforcement agencies use to identify artificial business fragmentation? How does this model differ from franchising? And when can tax optimization lead to criminal liability?
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.
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