Introduction of the alternative draft laws on advocacy is a logical step towards a real reform – says the BCU resolution
The introduction by public deputies of Ukraine of alternative draft laws under No. 9055-1 and No. 9055-2 is a logical step of the legislators towards the implementation of a real reform of advocacy in an equal dialogue with a 40,000-strong professional community.
This is stated in the resolution of the Bar Council of Ukraine (the “BCU”), adopted during the extraordinary meeting on September 25, 2018.
The BCU, as the supreme body of the bar self-government, supports these draft laws as those which reflect the position of the bar community, namely, proposals for changes to the relevant laws, which were discussed at regional conferences of advocates, supported and approved by the Congresses of Advocates of Ukraine held in 2014 (extraordinary) and 2015.
"In the next two and a half years, the initiative to develop changes to the relevant legislation was lost by the advocacy different as well as political reasons. However, at the stage of a decision-making, democracy and transparency of the reform of the constitutional institute of advocacy must be strictly adhered to”, - states the BCU.
The position of the BCU is that, in its content, any changes to the relevant legislation should guarantee further approximation of advocacy to European standards. The priority in this process should be to strengthen the protection of advocates’ professional rights and guarantees to practice law.
According to the BCU estimates, draft laws No. 9055-1 and 9055-2 address the key challenges and risks faced by advocacy in recent years, as well as facilitate the introduction into the legislation of changes to the Constitution of Ukraine in the area of justice from 2016. In particular, draft laws envisage strengthening of advocates’ professional rights and guarantees to practice law and mechanisms of liability for their violations. Also they take into account the need to consolidate the independence of the institute of advocacy through institutional guarantees of the bar self-government and its financial self-sufficiency.
Draft laws address issues of access to the profession, taking into account constitutional changes regarding the exclusive right of lawyers to be a representative in the courts in accordance with the objectives of raising the level of advocates’ proficiency and meeting the needs of protecting the rights and interests of citizens in the courts.
The Bar Council of Ukraine believes that the adoption of the draft laws will contribute to the development of the institute of advocacy in a democratic, rule-of-law state, the fulfillment of the international obligations of Ukraine as a member of the Council of Europe and the UN, the realization of constitutional human and citizen rights and freedoms, the principles of rule of law and accessibility of legal professional assistance.
In this regard, the BCU appealed to the authorities of the Verkhovna Rada, parliamentary committees and public deputies when considering drafting of the new version of the law “On the Bar and Practice of Law” taking into account the position of advocacy of Ukraine regarding alternative draft laws No. 9055-1 and No. 9055-2 and to promote the reform of the legislation in accordance with European standards, the real needs of the advocacy community and in the interests of strengthening the constitutional guarantees of citizens’ rights.
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.
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.
Educational events
Advocates were taught to voice their complaints without making accusations
In a difficult conversation, it’s easy to confuse facts with opinions, feelings with accusations, and requests with demands. How can you express dissatisfaction, explain your own needs, and propose a specific solution while still allowing your conversation partner the opportunity to refuse or suggest an alternative?
Guarantees of the practice of law
The paradoxes of urgency: is it possible to investigate a crime before it is committed?
On September 24 in Kyiv, National Police officers detained an advocate during an emergency search, having caught him in the act of committing a crime. At the time, the pretrial investigation in this case had already been ongoing for more than four months.
Guarantees of the practice of law
A side effect of the video conference: the judge mistook the sound of a chair for the advocate's response
Technology also has its downsides. The High Council of Justice acquitted a judge who failed to hear the advocates during court proceedings in a civil case. One of the arguments presented to the disciplinary body was poor connectivity, the risks of which are borne by the participants.
Guarantees of the practice of law
Unrestricted access to advocates' accounts poses a risk of client data disclosure — BCU
Information regarding transactions in the bank accounts of an advocate, a law firm, or a bar association from which clients can be identified, as well as the fact and subject matter of a request for legal assistance, the purpose of payments, and the amount of the fee constitutes attorney-client privilege. This rule applies regardless of whether the information also constitutes banking information and is in the possession of a bank.
Guarantees of the practice of law
The contract provides for a video conference, but the court requires in-person appearance: how should an advocate proceed?
Many advocates today work remotely; therefore, their agreements with clients provide for the provision of legal assistance via videoconferencing. However, this form of work does not, in and of itself, create an unconditional obligation for the court to conduct every hearing via videoconference.
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