The draft law № 9055 is aimed at bringing the bar under the state control - Lidia Izovitova
The draft law № 9055 “On the Bar and Advocacy” is aimed at bringing the bar under the state control.
The statement was made by the Head of UNBA, UBA Lidia Izovitova during a meeting with the heads of region bar councils.
“We’re working to ensure that the draft law 9055 would not be adopted," - said the Head of UNBA.
The draft law is currently proceeding through the committees of the Verkhovna Rada - Committee on Corruption Prevention and Counteraction, Committee on Legal Policy and Justice, Committee on Legislative Support of Law Enforcement (as the draft law contains amendments to the Criminal Procedure Code). However, neither of the Committees provided its conclusions.
“We can talk about a “lockout”. On the other hand, we can say the People’s Deputies have no interest in the draft law on advocacy. Both opinions have the right to exist,” - said the Head of UNBA.
As a matter of fact, such a situation may follow the scenario that the draft law will be immediately submitted to the Parliament. And this, according to Lydia Izovitova, may take place in the near future. In this regard, the Head of UNBA urged regional bar communities to once again inform People's Deputies about the risks of the draft law №9055, the first of which is the loss of human rights instruments.
On November 14, 2018 Central Scientific Experts Office of The Verkhovna Rada of Ukraine presented its conclusion. The resume of the decision provides for recommendations to return the draft law for completion to the subject of initiate legislation upon its consideration in the first session. At the same time, numerous comments on the content of the draft law indicate an intention to bring the bar under state control by adopting a new law. "Another concept put forward by the experts in this conclusion, in fact, puts the bar under the state control,” - stated Lidia Izovitova.
In particular, such comments are the transformation of the High Qualification Bar Commission of Ukraine into an actual state organization in which lawyers will work on a permanent basis. A similar proposal to the draft law made by experts essentially transfers to the state the function of depriving the advocates of the right to advocacy. After all, the High Disciplinary Bar Commission will also be fond of the state body. These two institutes, as it follows from the logic of expert analysis, will require support from the state budget for their activities, which ultimately will make them dependent on the authorities.
In addition, the expert opinion proposes to exclude from the draft law those provisions that strengthen the rights of lawyers, and make such amendments, which eliminate already existing rights, such as the right to a lawyer's request.
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