Donetsk Region Bar Council addresses Verkhovna Rada to elaborate the draft law № 9055
The draft law № 9055 "On Bar and Advocacy", introduced by the President to the Parliament, requires deep, ground and systemic redevelopment. Otherwise, the existence of an independent advocacy of Ukraine can be forgotten.
This is stated in a joint statement of the Donetsk Region Bar Council and Qualification and Disciplinary Bar Commission on the basis of a joint meeting conducted on September 14, 2018.
"The adoption of laws on advocacy without the consent of advocates is a great violation of the rights of each advocate. The current Law of Ukraine "On Bar and Advocacy" was agreed with advocacy community, it was approved by the Venice Commission and corresponds to modern changes in the procedural law. Instead, the drafters of the new draft law violated Ukraine's commitments to the Council of Europe and the terms of conclusion of the Association Agreement with the EU, since the draft law on advocacy was developed without participation of a professional law association," – said in the statement.
"Presidential Draft Law № 9055 initiates a destructive model for the creation of a “submissive” advocacy, which should think and live through circulars that descend from the upper classes," - one of the largest lawyer communities in Ukraine warns.
A thorough analysis of the provisions of the draft law № 9055 in the context of the guarantees of advocacy shows that there is a real threat of the loss of independence by advocates, and, as a result, the deprivation of the citizens of Ukraine of their right to effective protection for years ahead.
"The attack on advocacy should take place, as follows from the text of the draft law, in the following directions: destruction of a single, integrated, independent system of advocates’ self-government bodies, further - through the rigid regulation by the state of these self-government bodies, and then to the artificial limitation of rights and guarantees of the advocates during their human rights activities," - the statement said.
The draft law № 9055, if adopted, will begin the uncontrolled, full of abuses process of mass registration of regional branches as of new legal persons. It established the basis for “cloning” of such organizations enabling the existence of pseudo advocates’ organizations. And this is only one of many possible risks the draft law imposes.
The 3-years term of bar self-government members and prescribed procedure for their election thereof shall require the conduct of countless number of Congresses of Advocates of Ukraine and conferences of the advocates of a region.
To date, Regional Bar Councils, as local bodies of bar self-government, dully cope with obligations undertaken and fully exercise their functions, including the representation and protection of professional rights of advocates of the region, facilitate the professional development of the advocates of the region etc.
The responsibility for abuse of procedural rights, provided for in the draft law № 9055, grants the courts with the great room for reasoning and serious control over advocates. In that regard, there are various procedural actions that may be considered as an abuse of rights, including filling the application for an expert opinion or evidence, defined as groundless by the court, if it can delay the proceedings. The greatest concern rises from the wording "in the absence of new circumstances or evidence", "deliberately unjustified exclusion", which by their assessments create an additional backdoor to restrict the rights of the defense.
Para. 2 of clause 2 of Article 22-1 defines as abuse of procedural rights the non-appearance of defense counsel expressly, although the current Article 324 of the CPC of Ukraine establishes responsibility for non-appearance for both the defender and the prosecutor.
Advocates, taking into account their status, bear the additional risk of liability compared to other participants, because for abuse of procedural rights, violation of procedural obligations or improper performance of professional duties an advocate may be brought to disciplinary responsibility, including deprivation of the right to practice advocacy, on the basis of a separate court order.
Thus, an advocate who actively protects the interests of his client, filing a large number of petitions or complaints, will endanger the prosecution.
"Our special concerns are the rules that restrict the protection and guarantees of advocates' secrecy, violating such principles of advocacy as priority of client's interests and confidentiality," – said in the statement.
New edition of the Law of Ukraine "On Bar and Advocacy", if adopted, will violate the constitutional guarantees for work of persons engaged in advocacy, stipulated by Art. 43 of the Constitution of Ukraine, as well as the narrowed professional rights of lawyers working under an employment contract.
"Under these conditions, Donetsk Region Bar Council and Qualification and Disciplinary Bar Commission are convinced of the devastating nature of the draft law № 9055 "On Bar and Advocacy" (new edition), which will lead to devastating consequences for the system of Ukrainian advocacy as a self-governing human rights institution", - lawyers of the region consider in an appeal to the Chairman of the Verkhovna Rada.
Popular news
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.
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.
Interaction
The UNBA is developing a concept for a Center for expert research
The Ukrainian National Bar Association has begun work on a concept for a Center for expert research, which is intended to provide advocates and their clients with access to specialized knowledge and the ability to have expert opinions professionally reviewed.
Guarantees of the practice of law
Ombudsman calls for a firm response to violence against advocates
Every instance of obstruction of an advocate’s lawful activities, use of physical force, delaying an investigation, or concealment of evidence must be subject to a proper legal assessment. The state is obligated to ensure that the right to a defense is a genuine guarantee.
Discussion
Children under temporary protection: jurisdiction, evidence and a local advocate
In a cross-border dispute involving a child, temporary protection status alone does not determine jurisdiction or guarantee a specific outcome. An advocate needs coordinated action in Ukraine and the host country, a timely legal opinion, a local colleague, and a professional translation.
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.
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.
Announcements
Advocates are invited to the III UAA Arbitration Academy 2026
The UNBA, at the initiative of the Committee on alternative dispute resolution, invites advocates, lawyers, students, judges, government officials and anyone interested in international arbitration to participate in the III UAA Arbitration Academy 2026.
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