European Presidents Conference 2025: Challenges to the Rule of Law by Lidiya Izovitova

Advocacy
17:41 Mon 03.03.25 323 Reviews
Print

Against the backdrop of the war in Ukraine and the discussion of guarantees of its security, there is a growing militarization of political discourse not only in Ukraine but also in European countries. In the context of martial law, the issue of reforming the military justice system, including the possibility of creating an institute of military advocacy, has become particularly relevant.

Lidiya Izovitova, the President of the UNBA, BCU, drew attention to this in her speech at the 53rd European Presidents Conference, which took place in Vienna on February 27-March 1.

The Ukrainian delegation at the event was also represented by Valentyn Gvozdiy, the Vice President of the UNBA, BCU, Ihor Kolesnikov, Secretary of the BCU, and Hanna Lazarchuk, the UNBA member from Rivne region.

The President of the UNBA, BCU reminded the conference participants that today in Ukraine, the Chief Justice of the Supreme Court emphasizes the need to amend the Constitution to establish military justice, including military courts, military public prosecution and the institute of military lawyers. This, in his opinion, will ensure an appropriate level of professionalism in the implementation of legal protection of military personnel.

The President of the UNBA, BCU also said that one of the territorial recruitment centers accused 36 Ukrainian lawyers of unlawful actions to disrupt the mobilization process and create conditions for evading the draft. In response, the Bar Council of Ukraine issued a statement that such actions were in fact the exercise of their legal authority to provide professional legal assistance to clients who are Ukrainian citizens subject to military service. And such pressure on lawyers by the military authorities (even without the creation of a military bar) is a telling example of potential threats in the future.

So the question arises: will the military bar be able to protect the interests of military personnel and military lawyers themselves? The answer is definitely no.

Moreover, the consequence will be a weakening of the guarantees of the practice of law and the independence of the bar through the introduction of the principles of military service. This is because subordination to the military command makes it impossible for an advocate to perform his or her professional duties independently. Moreover, this directly contradicts international standards of legal independence, in particular the UN Basic Principles on the Role of Lawyers and international standards of justice.

The UNBA believes that an alternative solution should be to strengthen legal guarantees for lawyers who defend military personnel without creating a separate military institute of the Bar.

Taking this opportunity, L. Izovitova also addressed the presidents of the European bar associations present in the conference hall and expressed her deep gratitude for the broad support and invaluable assistance provided in difficult times for Ukraine.

However, the initiative to create a military bar as a separate institution is worrisome, as it could lead to the abolition of established professional standards and pose a threat to the independence of human rights activities and the effective enforcement of the rights of servicemen.

L. Izovitova explained that the key threat is the risk of losing the independence of lawyers who will work in this structure. After all, military service is based on principles (centralization, subordination and unquestioning execution of orders) that contradict the fundamental principles of the independence of the bar and the rule of law (independence, professional autonomy and the priority of human rights).

And the principle of unity of command enshrines the decision-making powers of commanders, which creates a risk of influence on lawyers who may be subjected to administrative or disciplinary pressure. Therefore, the introduction of military governance standards in the field of advocacy will inevitably affect its independence. This may not only undermine the foundations of the legal profession, but also create risks of violating the rights of military personnel whom the lawyer is supposed to protect.

Popular news

Urban Planning Code: what should the new rules for rebuilding Ukraine be?

Discussion

Urban Planning Code: what should the new rules for rebuilding Ukraine be?

Does Ukraine need separate codification in the field of urban planning, which model of law to choose, and how to ensure a balance between the interests of the state, communities, businesses, and citizens in the context of post-war reconstruction?

15:49 Wed 12.11.25 156
The Verkhovna Rada took another step towards ratifying the Convention on the protection of the profession of advocate

Guarantees of the practice of law

The Verkhovna Rada took another step towards ratifying the Convention on the protection of the profession of advocate

On November 5, the Verkhovna Rada held a working meeting dedicated to the translation of the Council of Europe Convention on the protection of the profession of advocate for its subsequent signing and ratification. The issue was initiated by the Ministry of Foreign Affairs, which drew attention to the key term «lawyer» in the international treaty.

18:19 Thu 06.11.25 168
NACB is looking for corruption risks in its activities. Advocates are asked to help

Interaction

NACB is looking for corruption risks in its activities. Advocates are asked to help

The National Anti-Corruption Bureau of Ukraine has launched a survey aimed at gathering information to identify corruption risks in the activities of the National Bureau and prepare an Anti-Corruption Program for 2026–2028.

13:38 Thu 06.11.25 130
Agreement on the provision of lobbying services: a template for advocates has been developed by the UNBA

Interaction

Agreement on the provision of lobbying services: a template for advocates has been developed by the UNBA

The Ukrainian National Bar Association has prepared a model agreement for the provision of lobbying services that complies with the requirements of the relevant law and takes into account the specific features of such activities carried out by persons providing legal assistance.

12:51 Tue 04.11.25 128
Nana Bakayanova awarded with the Certificate of honor of the Verkhovna Rada of Ukraine

Greetings

Nana Bakayanova awarded with the Certificate of honor of the Verkhovna Rada of Ukraine

Nana Bakayanova, head of the Department of judicial, law enforcement and advocacy organizations at the Odessa Law Academy and secretary of the disciplinary chamber of the Odessa Region Qualification and Disciplinary Commission, received a Certificate of honor from the Verkhovna Rada of Ukraine.

15:23 Thu 30.10.25 155
Law and feelings: advocates explore contemporary challenges in family law

Discussion

Law and feelings: advocates explore contemporary challenges in family law

Marriage and divorce are not only legal procedures, but also social phenomena that require a responsible approach. The UNBA Committee on family law organized and held a professional discussion on the topic «Conscious» marriage and «prudent» divorce: challenges, risks, consequences».

12:46 Thu 30.10.25 184
BCU strengthens its position on the right of advocate to prioritize cases

Practice of law

BCU strengthens its position on the right of advocate to prioritize cases

In legal practice, it is not uncommon for court hearings in different cases to be scheduled at the same time. This raises the question: which case should the advocate attend first, and can the court interfere with this decision?

13:12 Tue 28.10.25 243
Advocate or lobbyist? The UNBA has presented a guide to distinguishing between the professions

Edition

Advocate or lobbyist? The UNBA has presented a guide to distinguishing between the professions

The Ukrainian National Bar Association has prepared a guide that helps distinguish between the legal status of an advocate and a lobbyist, explains the limits of permissible activities for each, and prevents possible violations of ethical and legal standards when participating in public policy-making.

18:42 Fri 24.10.25 270

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

Оберіть файл