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
European integration
The UNBA presented the CCBE with an overview of legal reform and challenges
Reform of the legal profession, Ukraine’s European integration commitments, guarantees of the profession’s independence, and practices of bar self-governance in European countries — these issues were the subject of discussion at the Council of Bars and Law Societies of Europe (CCBE).
Rule of Law Roadmap
The UNBA is compiling the findings of the subgroups regarding the implementation of the Rule of Law Roadmap
Today, May 28, the Ukrainian National Bar Association hosted a meeting of the Coordination Bureau of the Working Group on the implementation of the Rule of Law Roadmap regarding the reform of the advocacy profession. Following a series of meetings by thematic subgroups, the work is now moving to the stage of consolidating proposals and preparing a coordinated package of recommendations.
Discussion
UNBA discussed removing barriers at border crossings for families with children with disabilities
Families of children with disabilities face additional requirements when traveling abroad, particularly regarding consular registration. What is happening and what changes are needed to remove these obstacles were discussed during the roundtable «Borders without barriers for families of children with disabilities».
Discussion
New rules, old problems: the UNBA discussed the work of the ETAIDF and MMC
The reform of medical-social assessment and military medical commissions has changed procedures but has not resolved practical issues. People face situations where documents are not issued, decisions are based on technicalities, assessments are delayed, and they struggle to demonstrate their actual health status in specific life situations.
Discussion
Co-parenting shouldn't be reduced to a 50/50 formula, — roundtable discussion
Following a divorce, joint custody can serve as a mechanism for ensuring equal parental rights. However, this model requires clear criteria and cannot be applied automatically without taking into account the child’s age, the level of conflict between the parents, the risk of violence, and the feasibility of enforcing the future decision.
Legislation
Penalties for errors in military registration require clear rules, – UNBA
The liability of officials for violations of military registration rules must be legally defined, proportionate, and effectively enforceable. Otherwise, the new fines will not protect citizens from registration errors but will create additional risks.
European integration
Lidiya Izovitova: In the context of European integration reforms, advocacy is a partner of the state, not a target of reform
The war has significantly altered the working conditions for advocates, while European integration has presented the profession with new institutional challenges. The ongoing negotiation process covers issues such as the rule of law, judicial independence, fundamental rights, justice, freedom and security.
Guarantees of the practice of law
The Verkhovna Rada discussed the next steps for ratifying the Convention on the Protection of the Professions of Lawyer
The Verkhovna Rada Committee on legal policy held a working meeting to prepare for the ratification of the Convention for the Protection of the Profession of Lawyer. The meeting was attended by members of parliament, representatives of the Office of the President, the Ministry of Justice, the Ministry of Foreign Affairs and the Ukrainian National Bar Association.
Publications
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
Sergiy Vylkov Our judicial system is so built that courts do not trust advocates