|15:40 Sat 29.12.18|
A failed lobbying of the draft law No. 9055 has uncovered it as an attempt to receive the quota of the bar in HQCJ and HCJ
The draft law "On the Bar and Advocacy" No. 9055 loses the chances for parliamentary approval and is increasingly devoiding of the characteristics of a reformist, pro-European document.
This is written by Secretary of the Bar Council of Ukraine Pavlo Grechkivsky in a blog on LB.ua
"The status of an urgent legislative initiative did not help the accelerated adoption of the law. Blitzkrieg did not succeed because of the resistance of the bar community, which is quite noticeable, in spite of all the trying to replace or oppose the entire bar to individual legal parties tandem with public organizations and authorities, " - he stated.
In the last plenary days of the past year, the Parliament has not yet reached the consideration of a new version of the law "On the Bar and Advocacy". The draft law has been prepared for voting from the end of November, but this was prevented, in the first place, by its consideration by the National Agency on Corruption Prevention, and subsequently - the absence of the required 226 votes and, in general, discipline in the hall on the last working days of December.
"This is good not only for the opponents of the draft law but also for its supporters since the situation allows them to avoid the dangerous label of a lobbyist of the corruption-friendly draft law," - said Pavlo Grechkivsky.
Instead, within 4 months of its submission to the Parliament, "the draft law lost its reformist European elegance after the failed collateral arrangements and devastating people’s deputies' statements (such as Tetiana Chornovil). This legislative initiative is not about the adaptation of European standards and practices, although there are the names of two Council of Europe experts included in the history of its creation."
"The new version of the law on the bar is a blunt instrument of primitive political or career struggle for leading positions of the bar self-government, for the right to accept thousands of lawyers to the bar, and the right to determine without the Congress of Advocates to whom to give quotas to the HQCJ and the High Council of Justice. The most active supporters of the draft comprise a short list of newly elected heads of regional chambers of the bar, regional bar councils, the Higher Qualification and Higher Disciplinary Bar Commissions and other bodies. The closer the Congress of Advocates on the election of representatives to the supreme bodies of the judiciary, the more obvious becomes the true scenario of future changes, envisaged by draft law No. 9055. Some officials, in order to "resign" successfully, decided to establish control over the bar, apply to the HCJ, and even lead this body. After all, the bar's quota is a constant, it does not depend on the results of the election, in contrast with the changing fate of the representatives of the HCJ from the parliament and appointed by the President. This "reformatory" scenario is not implemented with honest methods. Searches in the premises of a bar council of a western region, the suspicions presented to several advocates working in self-government - this is not an accident and no merit of law enforcement, but organized provocations to defame the existing bar," - writes Pavlo Grechkivsky.
The BCU Secretary urges the supporters of the draft law to wait till the Congress of Advocates of Ukraine.
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