The advocates of Mykolayiv region urge to withdraw the draft law № 9055
The draft law of Ukraine № 9055 “On the Bar and Advocacy” was discussed at an extraordinary meeting of the Mykolayiv Region Bar Council on September 21, 2018.
“The advocates of Mykolayiv region address people’s deputies of Verkhovna Rada of Ukraine to withdraw the draft law as it threatens the independence of advocacy, is intended to destroy the bar self-government, deprive lawyers from the opportunities to carry out their professional activities, guided, first of all, by the interests of the client and requirements of the law", - said in the statement.
The participants of the meeting emphasized that, despite there were relevant appeals to the leaders of the country and international partners, the process of drafting the law continued without proper consideration of the proposals of the Ukrainian professions lawyers’ association – Ukrainian National Bar Association (the UNBA). This led to the existence of significant drawbacks in the draft law and contradictions that would make the normal functioning of advocacy in Ukraine as a whole and the performance of professional duties of each lawyer separately as impossible.
According to the participants of the discussion, the draft law does not provide the improvement in the system of bar self-government bodies and strengthening of the guarantees of advocacy independence. «The main purpose of this draft law is evident - to get control over the advocates’ community. That is exactly what an absolute non-regulation of the process of election to bar self-government bodies in the draft law aims at” – stated in the summary statement of the bar council of the region.
According to the participants of the discussion, the urgency of the draft law “is aimed at the sooner “taming” of the lawyers who have the courage to criticize both the executive and the judiciary power, those advocates, who are guided by professional duties and law, and successfully protect their clients”.
Thus, it is unacceptable to reduce the quorum of the competence of the conference of advocates of the region to 10-15 percent of the number of lawyers registered in the region. After all, in this case, approximately 5-8% of lawyers is enough to make the most important decisions. Of course, on such a small amount it’s much easier to carry out administrative intervention and lobby necessary solutions.
Other provisions of the draft law, such as disciplinary liability for abuse of the right to a lawyer’s request, a statement of a knowingly unjustified exclusion or appeal of a decision, which is not subject to appeal, also come as a surprise.
Such “innovations” don’t provide (and couldn’t provide at all) for a clear criteria in the draft law and enable the judiciary to determine, on a subjective basis, the fact of “unlawful” behavior of a lawyer and, thus, exercise pressure on him.
Amendments to the procedural codes, in particular, regarding abuse of rights, also attempt to deprive advocates and advocacy in general of independence.
Thus, there were proposed amendments to the CPC of Ukraine (inclusion of Article 22-1) regarding inadmissibility of the abuse of rights, that can invoke disciplinary liability of a lawyer. At the same time it does not set clear criteria for such abuse and its delineation with protecting a client in a criminal proceeding.
Amendments to Article 53 of the CPC of Ukraine, providing the ability to involve both - a contracted advocate and a public defender - in one case, rise some concerns as it violates inherent right to free choice of an advocate.
“Imperfection, prejudice and threat the draft law poses on protection of the rights and interests of individuals, and the possibilities of advocates to protect them and at the bar community as a whole are evident. This requires the inclusion of advocates to the working group, at least, with regard to some of its most controversial provisions”, - note the advocates of the region.
Popular news
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.
Guarantees of the practice of law
Guarantees for advocacy without protective measures: proposed changes to the codes
The current law sets forth the rights and guarantees of the legal profession, but lacks the tools to protect them. The future law on advocacy is intended to fill this gap through amendments to criminal, administrative and procedural legislation.
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