The UNBA calls for submission of the draft laws on the bar to the Venice Commission

The draft law № 9055 “On the Bar and Advocacy” was submitted to Verkhovna Rada on September 6, 2018. The draft law is defined by the president of Ukraine as urgent.

At the same time, there are two alternative draft laws submitted to Verkhovna Rada - the draft law № 9055-1 submitted by the people’s deputy Pysarenko V.V. on September 14. 2018 and the draft law № 9055-2 submitted by the people’s deputies Kivalov S.V., Logvynskii G.V., Golubov D.I., Numchenko V.I. and Rozvadovskii V.Y. on September 20, 2018.

According to official website of Verkhovna Rada of Ukraine, the above-mentioned draft laws are now under examination before relevant Committees, namely: the Committee on Legal Policy and Justice, Committee on Legislative Support of Law Enforcement, Committee on Budget, Committee on Corruption Prevention and Counteraction and Committee on European Integration.

“Ukrainian National bar Association has repeatedly stressed the need for an expert conclusion of the European Commission for Democracy through Law (the Venice Commission) in order to avoid a situation in which legislative initiatives on the bar and advocacy of Ukraine are contrary to the existing national legislation, conclusions and decisions of the Venice Commission, Council of Europe Directorate General of Human Rights and Rule of Law, Parliamentary Assembly of the Council of Europe, European Court of Human Rights”, - mentioned in the statements signed by the head of UNBA Lidia Izovitova.

Ukrainian Bar Association and UNBA believe that any changes to the relevant legislation should guarantee further approximation of the bar to the European standards. Consequently, UNBA addressed the President of Ukraine regarding the submission of the draft law № 9055 to the Venice Commission for a comprehensive assessment of its compliance with European standards.

The people’s deputy of Ukraine Valerii Pysarenko has previously addressed the Chairman of Verkhovna Rada with the initiative to submit the main and alternative draft laws for an expert examination of the Venice Commission. The people's deputy warns against hasty amendments to the law on the Bar in order not to repeat the same mistakes that were committed with other components of judicial reform. In this regard, UNBA also addressed the Speaker of the Parliament on whether the draft laws №№ 9055, 9055-1 and 9055-2 had been sent to the Venice Commission.