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
Guarantees of the practice of law
Ukraine could be the first to implement a European mechanism for the protection of advocates. What’s holding it back?
Ukraine has a chance to be the first country to ratify the Council of Europe Convention on the Protection of the Professions of Lawyer. Political support for this exists, but the government’s legislative package has not yet been submitted to parliament. Meanwhile, the number of violations of advocates’ rights is on the rise.
Educational events
How can an advocate verify that work has been completed if the client refuses to sign the report?
When billing by the hour, the primary document for determining the fee may be a detailed report on the time spent by the advocate and the work performed. To prevent the client from withholding payment, the contract should specify in advance the procedure for submitting and approving such a report.
Interaction
Energy law: the UNBA and the ADMGE have agreed to cooperate
Advocates will deepen their professional expertise in the field of energy law, and participants in the distributed and flexible generation market will have greater opportunities to obtain professional legal assistance.
Educational events
Where does an advocate's time go and what do they get in return
To assess balance in life, it’s worth identifying the areas where the most effort, time, and money are directed, and then determining what a person receives in return: income, respect, support, love, a sense of significance or the fulfillment of an important idea.
Court practice
The SC has clarified the different ways to respond to a lawyer's request that is ignored
If there is no response to an advocate’s request, the advocate has the right to file a petition with the Bar Association to hold the person administratively liable. An advocate may challenge the failure to provide information necessary for the provision of legal assistance on behalf of the client, rather than in their own name.
Discussion
The Ministry of Defense is preparing new procedures for MMC: what changes are being proposed
The Ministry of Defense is establishing an interagency working group to develop a new procedure for military medical examinations conducted by military medical commissions. Among the issues requiring resolution are the issuance of documents based on examination results, referrals for repeat medical examinations, verification of the medical basis for decisions, and the accountability of military medical commission members.
Discussion
Original, device and methodology: how digital evidence is verified
To verify the authenticity of an audio or video recording or a digital image, an expert needs information about the file’s origin, how it was created, and, if possible, the original medium and the corresponding device. Without this information, the scope of the investigation may be limited.
Discussion
Security has a greater impact on land prices during wartime than fertility – an opinion
The difference in the cost of agricultural land between western and frontline regions is primarily determined by security risks, the feasibility of cultivation, and the costs of demining. At the same time, the land market continues to function, and the cost of land parcels and leases is rising.
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