Resolution of the BCU: “Alternative draft laws on advocacy are a logical step to take for real reforms”

Introduction by the people’s deputies of the alternative draft laws under registration numbers 9055-1 and 9055-2 is the next logical step to take for real reform of advocacy in an equal dialogue with professional community of 40 000 members.

This statement is mentioned in a resolution of the Bar Council of Ukraine (the “BCU”) adopted at the extraordinary meeting on September 25, 2018.

The BCU, being a supreme body of bar self-government, supports these draft laws as they represent the position of advocates’ community, namely the proposals for amending the relevant legislation that had been discussed at the conferences of advocates of the regions, supported and approved by the Congresses of Advocates of Ukraine in 2014 (an extraordinary) and 2015.

“In the following 2 and a half years the initiative to develop the amendments to relevant legislation was lost by advocacy for reasons beyond its control, including those of political motives. However, the democracy and clarity of the reform of a constitutional institute of advocacy shall be respected at the stage of adoption by a legislative body”, - states the BCU.

The position of the BCU is that, by the essence, any amendments to relevant legislation shall bring the advocacy closer to the European standards. The priority of this process shall be the enhanced protection of advocates’ rights and guarantees of advocacy.

According to the BCU, draft laws №№ 9055-1 and 9055-2 are aimed at solving the key challenges and risks the advocacy has met over the past few years and contribute to the implementation of amendments on justice dated as of 2016 to the Constitution of Ukraine. Namely, the draft laws provide for the enhanced protection of advocates’ rights and guarantees of advocacy and mechanisms of responsibility for their violations; take into consideration the need to enshrine the independence of advocacy through institutional guarantees of a bar self-government and its financial self-sufficiency.

The draft laws solve the problem of access to the profession taking into account the constitutional amendments on advocates’ exclusive right to representation in the courts in accordance with the purpose of professional training of advocates and meeting the need for the protection of rights and interests of citizens in the courts.

The BCU considers that the adoption of the draft laws, introduced by the people’s deputies will contribute to the development of advocacy in a democratic state governed by the rule of law, implementation of international obligations of Ukraine as a member of the Council of Europe and the UN, realization of constitutional human and civil rights and freedoms, principles of rule of law and access to legal assistance.

In this regard, the BCU has addressed the Verkhovna Rada, the Committees of the Parliament and people’s deputies to take the position of advocacy of Ukraine regarding the alternative draft laws №№ 9055-1 and 9055-2 when considering the new edition of the Law “On the Bar and Advocacy” and contribute to reformation of the relevant legislation in accordance with the European standards, real needs of advocacy and in the interest of enhancing guarantees of civil rights.