Introduction of the alternative draft laws on advocacy is a logical step towards a real reform – says the BCU resolution

Advocacy
16:43 Tue 25.09.18 619 Reviews
Print

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

The UNBA congratulates Denis Maslov on his appointment as Minister of Justice

Greetings

The UNBA congratulates Denis Maslov on his appointment as Minister of Justice

Denis Maslov’s many years of experience as a advocate, his work as a judge and his tenure as chairman of the Verkhovna Rada of Ukraine’s Committee on legal policy have given him a deep understanding of how the legal system functions and the challenges it faces.

19:43 Thu 16.07.26 110
The Verkhovna Rada explained why the section on advocacy should be removed from the anti-corruption strategy

Legislation

The Verkhovna Rada explained why the section on advocacy should be removed from the anti-corruption strategy

The section on advocacy and legal aid in the draft anti-corruption strategy for 2026–2030 goes beyond the scope of anti-corruption policy and is inconsistent with the constitutional guarantees of the independence of the legal profession.

14:26 Thu 09.07.26 110
The NACP’s clarification regarding the declaration of membership in the UNBA should be clarified – BCU

Guarantees of the practice of law

The NACP’s clarification regarding the declaration of membership in the UNBA should be clarified – BCU

An advocate’s membership in the UNBA is an element of professional status arising by virtue of law, rather than a voluntary private membership in an association. Therefore, failure to disclose it in a declaration should not automatically lead to the conclusion of unethical conduct or the concealment of a private interest.

12:28 Fri 03.07.26 164
The history of Ukrainian constitutionalism was discussed during a lecture

Discussion

The history of Ukrainian constitutionalism was discussed during a lecture

To mark Ukraine’s Constitution Day, the Center for research on the legal profession and law of the UNBA in collaboration with the «Bykivnia Graves» National Historical and Memorial Reserve organized an online lecture on the history of the Ukrainian constitutional process.

10:27 Wed 01.07.26 107
The UNBA is counting on the swift ratification of the Convention on the Protection of the Professions of Lawyer

Legislation

The UNBA is counting on the swift ratification of the Convention on the Protection of the Professions of Lawyer

The ratification of the Council of Europe Convention on the Protection of the Professions of Lawyer must be accompanied by targeted amendments to legislation to strengthen safeguards for advocates, but should not be used as a pretext for dismantling the self-governing model of advocacy.

15:54 Tue 30.06.26 182
A manifesto on AI in law was presented in Europe. The UNBA has joined the initiative

Interaction

A manifesto on AI in law was presented in Europe. The UNBA has joined the initiative

On June 24, as part of European Legal Sovereignty Day, which took place in Brussels, the Manifesto for a Referential of Human Guarantee in the Legal Use of AI was presented.

16:59 Fri 26.06.26 252
Martial law has changed administrative disputes – findings from IUS PUBLICUM 2026

Court practice

Martial law has changed administrative disputes – findings from IUS PUBLICUM 2026

During martial law, the focus of administrative proceedings shifted: in addition to tax disputes, cases involving access to public information, personal data protection, and challenges to regulatory acts, the docket now includes mobilization issues, challenges to decisions by the TCC and the Special Purpose Commission, disputes regarding deferrals, military service, sanctions, and new administrative restrictions.

12:03 Mon 22.06.26 120
Lidiya Izovitova identified 7 challenges in administrative proceedings for advocates

Court practice

Lidiya Izovitova identified 7 challenges in administrative proceedings for advocates

The predictability of judicial practice, jurisdictional disputes, cassation filters, enforcement of judgments against the state, the burden of proof, written proceedings, and guarantees for the practice of law remain key issues in administrative justice for advocates.

18:22 Fri 19.06.26 239

Надішліть файл із текстом публікації у форматі *.doc, фотографію за тематикою у розмірі 640х400 та Ваше фото.

Оберіть файл