The Bar of Vinnytsia region urges the Parliament to refuse approval of the draft law 9055

The draft law № 9055 “On the Bar and Advocacy” was discussed at a joint meeting of Vinnytsia Bar Council and Qualification and Disciplinary Commission.

As a result of the meeting, the advocates defined the draft law as one that poses threat to the independence of advocacy and restricts the rights of advocates comparing to existing relevant Law. Thus, the bar reform can be seen as limiting the rights of citizens to defend their rights and receive full legal assistance.

“With that regard, representing interests of 900 advocates of the region, Vinnytsia Bar Council and Qualification and Disciplinary Commission address Verkhovna Rada of Ukraine and Committee on Legal Policy and Justice with request on the inadmissibility of adoption of the draft law in the proposed edition,” — as stated in the joint request.

Referring to unpopularity of the draft law among practicing lawyers, members of the discussion listed a number of amendments to CPC provided for in transitional provisions of the document. Namely, CPC shall be supplemented by provisions enabling an investigator to question the existence of attorney-client privilege in the documents provided by an advocate. Furthermore, the investigators and prosecutors can involve a defender other than an advocate contracted by the client relying almost solely at their own discretion (Art. 53 of CPC).

Clause 1 of Article 22 of the draft law № 9055 essentially prohibits the use of human rights protection mechanism by the advocates. According to the new draft law, an advocate has no right to claim for disqualification of a judge, filing applications at his own discretion (including the change of preventive protection etc).

Certain actions aimed at the client protection under the draft law can be seen as abuse of the right and lead to disciplinary responsibility of an advocate; or, in special cases, — to the loss of right to exercise advocacy.

According to the draft law, advocates can be restricted from the access to information upon an advocate’s request. The draft law allows officials to enjoy impunity right to deny access to information upon an advocate’s request in any way as one of the grounds for such a denial.  Moreover, there is a disciplinary responsibility of an advocate for “abuse of right to advocate’s request”.

The draft law provides for a discriminational restriction of access to legal profession.

Under the clause 3 of article 3 work of the draft law, experience of the lawyers working within businesses and organizations shall not be included to legal work experience required for a bar exam. They will lose their jobs and profession as they can’t esquire the status of an advocate. Along with that the draft leaves the doors wide open for the former judges and prosecutors obviating any need for internship for them.

Article 28 of the draft law prohibits an advocate from working with other clients when he already works under an employment contract.

The requirement for an annual Congress of the Advocates of Ukraine is inadmissible as well. It diminishes the importance of the Congress as such, and will lead to unnecessary costs for their annual observance at the advocates expense. It may eventually result in Kyiv Bar deciding the fate of all advocates as they would be the only ones attending a Congress.

Another point worth noting is attempts of the authors of the draft law to eliminate regional bodies of bar self-government and replace them with the new ones, however, providing for the will of only 10-15% of the advocates working in the region.

To recap, Bar Council of Ukraine supported the draft laws №№ 9055-1 and 9055-2 at an extraordinary meeting on September 25, 2018.