UNBA proposes to recognize COVID-19 as a justifiable reason to adjourn the court hearing at the legislative level

Legislation
21:35 Fri 19.03.21 1214 Reviews
Print

The National Bar Association of Ukraine calls on the parliament to amend the procedural codes and to indicate that COVID-19 is a justifiable reason to adjourn the case.

This was stated by the President of UNBA Lydia Izovitova at a meeting of the Bar Council of Ukraine on March 19, 2021.

 She noted that over the past year, quarantine has led to pressure on attorneys and restrictions on their professional rights as litigants. A lawyer's failure to appear in court due to health or inability to be physically present was often considered as an unreasonable excuse. And there were many such cases throughout Ukraine.

"This was particularly true for the Supreme Anti-Corruption Court, which is located in the capital city, but in which by attorneys from the regions have their practice. Some judges have even appealed to the Higher Qualification and Disciplinary Bar Commission of Ukraine, insisting that such attorneys` conduct violates rules of professional ethics. In the middle of the last year, there were more than 30 such complaints. Judges can be expected to continue this practice for the time being, and we need to be informed of such cases and respond appropriately. I ask the regional councils to inform us immediately if such cases occur", - Lydia Izovitova said.

UNBA has repeatedly appealed to the Council of Judges of Ukraine, the High Council of Justice regarding the fact that quarantine measures cannot be used against the defense and attorneys. However, judges continue this practice. According to the Head of UNBA, the problem can be solved at the legislative level.

Lydia Izovitova said: "UNBA and High Council of Justice, and we were united in this, proposed to the parliament to adopt a bill to amend the procedural codes and indicate that COVID-19 is a justifiable reason to adjourn the court hearing. If such amendments are made, it would be a way out not only for us, the attorneys but also for the judges".

 It will be recalled that during 2020, UNBA leaders took part in amending the legislation to introduce quarantine measures, as well as made proposals on the activities of the judiciary during the COVID-19 pandemic.

 In the report by the Office of the United Nations High Commissioner for Human Rights on the impact of the COVID-19 pandemic on human rights, released in December 2020, it was stated that COVID-19 restrictions affected access to justice and the guarantee of a fair trial.

Popular news

Lidiya Izovitova: reform of the advocacy profession should make the profession stronger and individuals better protected

Rule of Law Roadmap

Lidiya Izovitova: reform of the advocacy profession should make the profession stronger and individuals better protected

The Ukrainian advocacy community is finalizing work on a new version of the relevant law. The roadmap on the rule of law has set the fourth quarter of 2026 as the deadline for achieving results in this area. The draft is intended to ensure safeguards for the practice of law through mechanisms of accountability for violations.

14:01 Fri 30.10.26 102
In Edinburgh expressed gratitude to those who are helping Ukrainian advocates and citizens

Support

In Edinburgh expressed gratitude to those who are helping Ukrainian advocates and citizens

Since the start of the full-scale invasion, Scottish legal institutions and the Ukrainian community, with the participation of the UNBA, have been helping Ukrainian advocates obtain their qualifications and Ukrainians receive legal assistance. The parties are now planning joint professional and educational events.

11:24 Fri 23.10.26 101
An advocate's meeting with a client outside the office: how to conduct it without giving away too much

Educational events

An advocate's meeting with a client outside the office: how to conduct it without giving away too much

If a client suggests meeting in a public place, keep in mind that any name or amount mentioned aloud could be overheard by bystanders. Therefore, it’s important to plan ahead regarding the table, seating arrangements, and the scope of the conversation.

13:07 Tue 20.10.26 105
The UNBA explained what could undermine the plan to introduce plea agreements

Legislation

The UNBA explained what could undermine the plan to introduce plea agreements

Information regarding who pays whom, how much, and on what grounds under a plea agreement must be made public. However, as long as this information is classified as a state secret or personal data, the court will continue to be able to close proceedings and restrict access to judgments.

10:41 Tue 20.10.26 135
The UNBA and the German Institute for Eastern Law will prepare joint legal opinions

Interaction

The UNBA and the German Institute for Eastern Law will prepare joint legal opinions

Ukrainian advocates and German legal scholars will jointly prepare comparative legal studies, expert opinions, and professional events. The UNBA reached this agreement with the Institute for Eastern European Law in Regensburg, which has been researching the laws of Central and Eastern European countries for nearly 70 years.

17:41 Mon 19.10.26 132
Proceedings against military personnel following AWOL require clear deadlines — UNBA

Legislation

Proceedings against military personnel following AWOL require clear deadlines — UNBA

A soldier’s return to duty after AWOL does not necessarily mean the end of criminal proceedings. To ensure that the case does not remain at the pretrial investigation stage, a clear procedure for the investigator and prosecutor is required.

19:04 Fri 16.10.26 199
A one-time payment or royalties? Students were briefed on changes to copyright agreements

Educational events

A one-time payment or royalties? Students were briefed on changes to copyright agreements

As a general rule, property rights to a work created by an employee are transferred to the employer, but the author retains the right to remuneration. European law requires that this remuneration be based on the actual income generated by the work, rather than being limited to a one-time payment.

13:46 Fri 16.10.26 130
The UNBA warned of the risk of customs barriers for Ukrainian paper and furniture

Legislation

The UNBA warned of the risk of customs barriers for Ukrainian paper and furniture

Ukraine’s anti-deforestation rules are intended to preserve export access to the EU market. However, without paper and furniture on the list of goods, without effective sanctions, and with enforcement beginning only in 2030, these rules could hinder that goal.

11:12 Fri 16.10.26 163

Надішліть файл із текстом публікації у форматі *.doc, фотографію за тематикою у розмірі 640х400 та Ваше фото.

Оберіть файл