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
UNBA initiatives to implement the Roadmap were supported by international experts
International experts who participated in the inaugural meeting of the Working Group on the implementation of the Roadmap on the rule of law in advocacy and agreed to join it expressed their support for the initiative of the Ukrainian National Bar Association.
Legislation
How will the group responsible for implementing the Roadmap for advocacy operate?
The working group on the implementation of the Roadmap on the rule of law in the area of advocacy will operate at several levels: plenary meetings as a platform for adopting framework decisions, a coordination bureau for compiling documents and calendar control, and thematic subgroups for preparing norms and their justification. International experts will verify the results against European standards and «red lines».
Legislation
Advocacy is a responsible entity, not a critic of reform — V. Gvozdiy
The Roadmap on the Rule of Law is not a basis for restructuring the model of advocacy, but a framework for verifying and improving the already European-oriented system. At the same time, part of the work has already been done, so further progress should be made in the form of coordinated and practical decisions.
Legislation
Vatras on the implementation of the Roadmap: only advocates should create their own destiny
Work on implementing the Roadmap in relation to advocacy should be based on the participation of the professional community itself, and key tasks should be structured in such a way as to avoid mixing processes that differ in content and procedure.
Legislation
Lidiya Izovitova outlined the approach to implementing the Roadmap for advocacy
The general approach to working on the implementation of the Roadmap on the Rule of Law in terms of reforming advocacy should not be based on «slogans», but rather on gathering facts, comparing them with standards, consulting with the professional community, and formulating norms for which participants are prepared to take responsibility.
Legislation
Roadmap and advocacy: working group holds first meeting
On January 2, the first organizational meeting of the Working Group on the implementation of the Roadmap on the rule of law in the area of advocacy reform took place. The event was devoted to agreeing on the framework for further work and exchanging the initial positions of the participants.
Self-government
BCU: NACP initiatives regarding the Bar are unconstitutional interference
The Bar Council of Ukraine has condemned the initiatives to reform the Bar proposed by the National Agency on Corruption Prevention as direct, gross and systematic interference by the executive branch in the activities of an independent constitutional institution.
Self-government
UNBA program for implementation of the Roadmap on the rule of law published
In order to ensure the implementation of measures set out in the Roadmap on the Rule of Law, the Bar Council of Ukraine approved a program for its implementation in relation to the reform of advocacy.
Publications
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
Iryna Vasylyk Advocacy in the proclamation of Independence of Ukraine
Oleksandr DULSKY When we cross the border of the Supreme Anti-Corruption Court, we get into another department of the National Anti-Corruption…