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
Educational events
An advocate's meeting with a client outside the office: how to conduct it without giving away too much
If a client suggests meeting in a public place, keep in mind that any name or amount mentioned aloud could be overheard by bystanders. Therefore, it’s important to plan ahead regarding the table, seating arrangements, and the scope of the conversation.
Legislation
The UNBA explained what could undermine the plan to introduce plea agreements
Information regarding who pays whom, how much, and on what grounds under a plea agreement must be made public. However, as long as this information is classified as a state secret or personal data, the court will continue to be able to close proceedings and restrict access to judgments.
Interaction
The UNBA and the German Institute for Eastern Law will prepare joint legal opinions
Ukrainian advocates and German legal scholars will jointly prepare comparative legal studies, expert opinions, and professional events. The UNBA reached this agreement with the Institute for Eastern European Law in Regensburg, which has been researching the laws of Central and Eastern European countries for nearly 70 years.
Legislation
Proceedings against military personnel following AWOL require clear deadlines — UNBA
A soldier’s return to duty after AWOL does not necessarily mean the end of criminal proceedings. To ensure that the case does not remain at the pretrial investigation stage, a clear procedure for the investigator and prosecutor is required.
Educational events
A one-time payment or royalties? Students were briefed on changes to copyright agreements
As a general rule, property rights to a work created by an employee are transferred to the employer, but the author retains the right to remuneration. European law requires that this remuneration be based on the actual income generated by the work, rather than being limited to a one-time payment.
Legislation
The UNBA warned of the risk of customs barriers for Ukrainian paper and furniture
Ukraine’s anti-deforestation rules are intended to preserve export access to the EU market. However, without paper and furniture on the list of goods, without effective sanctions, and with enforcement beginning only in 2030, these rules could hinder that goal.
Legislation
Fines for loud exhaust — based on a standardized measurement method — UNBA
Measures to combat intentionally loud exhaust noises are justified, especially during wartime. However, as long as the law does not specify which noise standard to apply or how to measure it on the road, this new liability can be neither fair nor effective.
Educational events
What should an advocate do if a client is under severe stress?
An advocate may encounter a client in a state of acute stress, when the person is looking at the other person but does not see them. Before discussing the case, it is important to bring the client back to reality: establish contact, ask a few questions, and engage their senses.
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