System of the bar self-government bodies in Ukraine

The legal basis for the legal profession in Ukraine is the Constitution of Ukraine, Article 59 of which stipulates that the right to defense against charges and to legal assistance in the court cases and in other State bodies in Ukraine is ensured by the bar.

 

The Law of Ukraine "On the Bar and Practice of Law", which was adopted on 5 July 2012, determines legal principles of organization and operation of the bar and of practice of law in Ukraine. The law provides that the bar of Ukraine is a public, self-government institution which ensures provision of legal defense, representation and other types of legal services on professional basis and independently resolves issues of organization and operation of the bar of Ukraine.

The bar self-government operates for the purpose of ensuring proper practicing of law, compliance with the professional guarantees, protection of advocates’ professional rights, ensuring high level of professionalism of advocates and resolution of the issues associated with the disciplinary liability of advocates.

 

The system of the bar self-government consists of, and is implemented through, the following organizational forms:

 

Акордеон: Congress of advocates of Ukraine

Article 54 of the Law of Ukraine "On the Bar and Practice of Law” determines that the highest body of the bar self-government in Ukraine is the congress of advocates of Ukraine, which is convened by the Bar Council of Ukraine at least once every three years, or at the request of at least one-tenth of the total number of advocates included in the Single Register of Advocates of Ukraine or at least of one third of the regional bar councils.

The congress of advocates of Ukraine:

- elects a chairman and deputy chairmen of the Bar Council of Ukraine, a chairman and deputy chairmen of the Higher Qualification and Disciplinary Commission of the Bar, a chairman and deputy chairmen of the Higher Audit Commission of the Bar, and early recalls them from their positions;

- approves the statute of the Ukrainian National Bar Association and makes amendments to it;

- approves the rules of professional conduct of advocates;

- approves a regulation on the Bar Council of Ukraine, regulation on the Higher Qualification and Disciplinary Commission of the Bar, regulation on the Higher Audit Commission of the Bar;

- examines and approves reports made by the Bar Council of Ukraine, the Higher Qualification and Disciplinary Commission of the Bar, as well as reports made by the Higher Audit Commission of the Bar;

- appoints three members of the High Council of Justice;

- approves the budget of the Bar Council of Ukraine, budget of the Higher Qualification and Disciplinary Commission of the Bar, and the report on the implementation thereof;

- performs other functions in accordance with the Law “On the Bar and Practice of Law”.

Акордеон: Bar Council of Ukraine

In accordance with Article 55 of the Law of Ukraine “On the Bar and Practice of Law”, the Bar Council of Ukraine performs the functions of the bar self-government during the period between congresses of advocates of Ukraine. The powers of the Bar Council of Ukraine and the procedure for its work are determined by the above Law and approved by the congress of advocates of Ukraine.

The Bar Council of Ukraine:

- draws up the agenda for, provides convocation and conduct of, the congress of advocates of Ukraine;

- determines the representational quota, the procedure for the appointment and election of delegates of a conference of advocates of a region, the congress of advocates of Ukraine;

- ensures compliance with the decisions of the congress of advocates of Ukraine;

- provides organizational, methodological and informational support to the maintenance of the Single Register of Advocates of Ukraine, exercises control over the activities of the regional bar councils as regards the inclusion of information into the Single Register of Advocates of Ukraine and provision of extracts from it;

- approves the rules of a conference of advocates of a region, regulation on a regional bar council, regulation on a qualification and disciplinary commission of the bar, regulation on the commission for the assessment of quality, completeness and timeliness of provision by advocates of legal aid;

- determines the amount of, and procedure for, the payment of advocates’ annual contributions for ensuring the functioning of the bar self-government, manages distribution and use of the contributions (provided that the congress of advocates of Ukraine adopted a decision on payment of advocates’ annual contributions for ensuring the functioning of the bar self-government, and determined the ways of using them);

- determines the amount of deductions from the qualification and disciplinary commissions of the bar for the operation of the Higher Qualification and Disciplinary Commission of the Bar;

- facilitates the functioning of the regional bar councils, coordinates their operation;

- facilitates the ensuring of guarantees of practice of law, protection of professional and social rights of advocates;

- adopts decisions on the disposal of funds and property of the Ukrainian National Bar Association in accordance with the intended use of the funds and property as determined by the statute of the Ukrainian National Bar Association and the decisions adopted by the congress of advocates of Ukraine;

- examines complaints against the decisions, actions or omissions of the regional bar councils, their chairmen, quashes the decisions of the regional bar councils;

- determines the official printed medium of the Ukrainian National Bar Association;

- maintains the official website of the Ukrainian National Bar Association;

- performs other functions in accordance with the Law on the Bar and decisions of the congress of advocates of Ukraine.

Акордеон: Higher Qualification and Disciplinary Commission of the Bar

In accordance with Article 52 of the Law of Ukraine “On the Вar and Practice of Law”, the Higher Qualification and Disciplinary Commission of the Bar is a collegial body whose task is to examine complaints against the decisions, actions or omissions of the qualification and disciplinary commissions of the bar. It is controlled by, and accountable to, the congress of advocates of Ukraine and the Bar Council of Ukraine.

The Higher Qualification and Disciplinary Commission of the Bar:

- examines complaints against the decisions, actions or omissions of the qualification and disciplinary commissions of the bar;

- generalizes the disciplinary practice of the qualification and disciplinary commissions of the bar;

- performs other functions in accordance with the Law on the Bar.

Акордеон: Higher Audit Commission of the Bar

In accordance with Article 53 of the Law of Ukraine “On the Вar and Practice of Law”, the Higher Audit Commission of the Bar is formed and operates for the purpose of exercising control over financial and economic activities of the Ukrainian National Bar Association, its bodies, regional bar councils, the Bar Council of Ukraine, qualification and disciplinary commissions of the bar, the Higher Qualification and Disciplinary Commission of the Bar, and over operation of regional audit commissions of the bar.

The Higher Audit Commission of the Bar is controlled by, and accountable to, the congress of advocates of Ukraine.

Based on the audit results, the Higher Audit Commission of the Bar draws up reports and submits them for consideration and approval by the congress of advocates of Ukraine. The Higher Audit Commission of the Bar may submit audit reports on the results of the audit to the Bar Council of Ukraine and to the Higher Qualification and Disciplinary Commission of the Bar.

A chairman and members of the Higher Audit Commission of the Bar are elected by the congress of advocates of Ukraine. Their number is determined by the congress of advocates of Ukraine.

Акордеон: Conference of advocates of a region

In accordance with Article 47 of the Law of Ukraine “On the Bar and Practice of Law”, a conference of advocates of a region whose work place addresses are located in the Autonomous Republic of Crimea, region, cities of Kyiv and Sevastopol, and who are entered into the Single Register of Advocates of Ukraine, is the higher body of the bar self-government in the Autonomous Republic of Crimea, regions, cities of Kyiv and Sevastopol respectively.

The representational quota and the procedure for the nomination and election of delegates to the conference of advocates of a region are approved by the Bar Council of Ukraine.

A conference of advocates of a region is convened by a regional bar council no less than once a year. A conference may also be convened upon the proposal of at least one-tenth of all advocates of a region whose work place addresses are located in the respective region, or upon the proposal of the Bar Council of Ukraine.

A conference of advocates of a region performs the following functions:

- election of a chairman and members of a regional bar council, their early recall;

- election of delegates to the congress of advocates of Ukraine;

- election of a representative of the advocates of a region to the Bar Council of Ukraine and the Higher Qualification and Disciplinary Commission of the Bar, their early recall;

- determination of the number of members of qualification and disciplinary chambers of a qualification and disciplinary commission of the bar, election of a chairman and members of the qualification and disciplinary commission of the bar, their early recall;

- election of a chairman and members of a regional audit commission of the bar, their early recall;

- approval of the manning table and the budget of a regional bar council and a qualification and disciplinary commission of the bar;

- examination and approval of a report of a regional bar council, qualification and disciplinary commission of the bar, conclusions of a regional audit commission of the bar, representatives of advocates of a region who are members of the Higher Qualification and Disciplinary Commission of the Bar and the Bar Council of Ukraine;

- adoption of other decisions in accordance with the Law on the Bar.

Акордеон: Regional bar council

Article 48 of the Law of Ukraine “On the Bar and Practice of Law” provides that a regional bar council performs the functions of the bar self-government in a respective region during the period between the conferences of advocates of a region.

A regional bar council is controlled by, and accountable to, the conference of advocates of a region.

A regional bar council performs the following functions:

- represents the advocates of a region;

- draws up the agenda for, convenes and ensures holding of, a conference of advocates of a region;

- ensures compliance with the decisions of a conference of advocates of a region, and controls the compliance with them;

- provides informational and methodological support to the advocates of a region, facilitates their continuing professional development;

- administers the procedure for taking the oath of advocates of Ukraine;

- determines the representatives of the bar in a tender commission for the selection of advocates for provision of secondary legal aid;

- facilitates the observance of the advocates’ professional guarantees, protection of professional and social rights of advocates;

- manages funds and property pursuant to the approved budget;

- ensures inclusion of information in the Single Register of Advocates of Ukraine in the established order;

- forms a commission for the assessment of quality, completeness and timeliness of provision by advocates of legal aid;

- performs other functions in accordance with the Law on the Bar, decisions of a conference of advocates of a region, the Bar Council of Ukraine and the congress of advocates of Ukraine.

A regional bar council is a legal entity. The powers and procedure for the operation of a regional bar council are determined by the Law on the Bar and by the regulation on a regional bar council.

A regulation on a regional bar council approved by the Bar Council of Ukraine is the statutory document of a regional bar council.

Акордеон: Qualification and disciplinary commission

In accordance with Article 50 of the Law of Ukraine «On the Bar and Practice of Law”, a qualification and disciplinary commission of the bar is formed for the purpose of determining the level of professionalism of persons, who intend to obtain the right to practice law, and for resolving the issues relative to the disciplinary liability of advocates. A qualification and disciplinary commission of the bar is controlled by, and accountable to, a conference of advocates of a region.

A qualification and disciplinary commission of the bar is composed of a qualification chamber and a disciplinary chamber. The qualification chamber is composed of no more than nine members; the disciplinary chamber is composed of no more than eleven members.

A qualification and disciplinary commission performs the following functions:

- organization and conduct of qualification exams;

- adoption of decisions as regards the issuance of a certificate of passage of a qualification exam;

- adoption of decisions regarding the suspension or termination of the right to practice law;

- institution of disciplinary proceedings against advocates;

- resolution of other matters assigned by the Law on the Bar to the competence of a qualification and disciplinary commission of the bar, and by the decisions of a conference of advocates of a region, the Higher Qualification and Disciplinary Commission of the Bar, the Bar Council of Ukraine and the congress of advocates of Ukraine.

A decision of a qualification and disciplinary commission of the bar is adopted by simple majority of votes of all members of its chambers. A decision of a chamber is adopted by simple majority of votes of all its members, except as otherwise provided for by the Law on the Bar.

A decision of a qualification and disciplinary commission of the bar may be appealed against to the Higher Qualification and Disciplinary Commission of the Bar or to the court within thirty days of the date of its adoption.

A qualification and disciplinary commission of the bar is a legal entity, which operates in accordance with the Law on the Bar, other laws of Ukraine and the regulation on a qualification and disciplinary commission of the bar.

The regulation on a qualification and disciplinary commission of the bar approved by the Bar Council of Ukraine is the statutory document of a qualification and disciplinary commission of the bar.

Акордеон: Regional audit commission of the bar

According to Article 51 of the Law of Ukraine “On the Bar and Practice of Law”, a regional audit commission of the bar is formed and operates for the purpose of exercising control over the financial and economic activities of a regional bar council and over a qualification and disciplinary commission of the bar.

A regional audit commission of the bar is controlled by, and accountable to, a conference of advocates of a region.

Based on the audit results, a regional audit commission of the bar draws up conclusions and submits them for consideration and approval by a conference of advocates of a region. A regional audit commission of the bar may submit audit results to the Bar Council of Ukraine and the congress of advocates of Ukraine.

 

 

The bar self-government bodies are united by the Ukrainian National Bar Association, which functions through the above-referred organizational forms of the bar self-government.

 

 

Акордеон: Ukrainian National Bar Association

The bar self-government is based on the principles of electiveness, transparency, binding decisions of the bodies of the bar self-government for the advocates, accountability, and prohibition against any form of interference by the bar self-government bodies with the advocate’s practice of law. The principles of the bar self-government are implemented by the Ukrainian National Bar Association, which is a non-governmental non-profit professional organization bringing together all Ukrainian advocates, and which is formed for the purpose of ensuring the implementation of objectives of the bar self-government. It was formed on the basis of professional association in order to promote the development and strengthening of the legal profession in Ukraine, raising the level of legal assistance provided by advocates, the role and authority of the legal profession in society, protection of rights and legal interests of its members.

The main activities of the Ukrainian National Bar Association are as follows:

- representation of the bar of Ukraine in its relations with the State authorities, local self-government bodies, their officials and officers, enterprises, institutions and organizations regardless of the form of ownership and subordination, non-governmental organizations and international organizations, and delegation of its representatives to the governmental bodies;

- protection of professional rights of advocates and ensuring the observance of the advocates’ professional guarantees;

- ensuring accessibility and transparency of information about the Ukrainian advocates.

The statute of the Ukrainian National Bar Association is approved by the congress of advocates of Ukraine; it is the statutory document of the Association.

Виджет спільних актів: Statute of non-state non-commercial professional organization «Ukrainian National Bar Association»

Statute

Statute of non-state non-commercial professional organization «Ukrainian National Bar Association»

 

Виджет спільних актів: The Post about UNBA on Wikipedia

Link

The Post about UNBA on Wikipedia

 

 

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