Ukraine should be one of the first to ratify the Convention on the Protection of the Profession of Lawyer - V. Gvozdiy

Advocacy
18:07 Thu 13.03.25 474 Reviews
Print

Ukraine definitely needs to be among the countries that will be the first to ratify the Convention on the Protection of the Profession of Lawyer, adopted by the Council of Europe on March 12, in order to confirm its status as a legal and democratic state.

This opinion was expressed by Valentyn Gvozdiy, the Vice President of the Ukrainian National Bar Association, the Bar Council of Ukraine, who was directly involved in the development of the draft document.

On March 12, 2025, the Committee of Ministers of the Council of Europe adopted the world's first Convention on the Protection of the Profession of Lawyer by its historic decision. It is planned that the Convention will become open for signature and ratification on May 13, 2025.

«For the legal community, this step is extremely important, because all existing standards directly related to the legal profession are currently not binding, - he said. - Therefore, ensuring compliance with these standards is a difficult task even in countries with strong legal protection of lawyers».

According to V. Gvozdiy, it is important that the Convention can be signed and ratified not only by Council of Europe members but also by non-member states. The Convention will enter into force 3 months after it is signed and ratified by at least eight countries, six of which must be members of the Council of Europe.

The Convention reflects and protects the fundamental role that lawyers and professional associations of lawyers play in promoting the rule of law, ensuring access to justice and protecting human rights and fundamental freedoms, in these challenging times when lawyers are increasingly subject to attacks, threats, harassment and intimidation, as well as unlawful obstruction or interference with the exercise of their legitimate professional activities, which is reprehensible.

The Convention was drafted taking into account the wide variety of legal systems and ways of organizing the legal profession in the Council of Europe member states.

The document emphasizes the importance of the existence of independent professional associations of lawyers in democratic countries for the proper protection of members of the legal profession from persecution and unlawful restrictions and harassment, as well as for ensuring equal access to the profession for all those who wish to become lawyers. The Convention pays particular attention to the confidentiality of the relationship between lawyer and client, which is crucial to the exercise of the legal profession and therefore deserves special protection from unlawful interference by the authorities, as such interference undermines the independence of the legal profession and the effective functioning of the rule of law.

Representatives of the Committee of Experts on the Protection of Lawyers, which was established in January 2022, worked on the text of the Convention and its report for 3 years. V. Gvozdiy was selected by the European Committee on Legal Cooperation to be a member of this Committee with the authority to represent Ukraine for the period of the Committee's work. He also held the position of Vice President of the Committee for the entire period of its work.

«As Vice President of the Committee, I was able to demonstrate that, despite everything, Ukraine has high standards of justice, ensures compliance with the rule of law and protection of human rights. Undoubtedly, the many years of active work of the Ukrainian Bar, in particular in the field of protection of the rights of lawyers and guarantees of the practice of law, really showed the international community that the legal regulation of the legal profession in Ukraine is based on European standards, - he said. – During the work on the Convention, all members of the Committee and observers really had the opportunity to make sure that Ukraine demonstrates its commitment to the rule of law and helps the bar self-government to ensure highly effective mechanisms for the protection of the legal profession».

According to the Vice President of UNBA, BCU, Ukraine's leadership in creating such a crucial document demonstrates the unconditional legal maturity of our country. «Even under the pressure of serious challenges in the context of Russian aggression, Ukraine demonstrates resilience and readiness for active actions in the process of implementing the provisions of the Convention for the Protection of the Profession of Lawyer, given the high degree of compliance of Ukrainian legislation on the Bar with the main international and European standards», - said V. Gvozdiy.

«The UNBA believes that given its proactive position on the path to membership in the European Union, Ukraine should definitely be among the countries that will be the first to ratify this Convention to confirm its status as a legal and democratic state», - he summarized.

Popular news

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 28.10.25 114
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 24.10.25 165
Essay contest on the synergy of human and artificial intelligence in diplomacy has begun

Announcements

Essay contest on the synergy of human and artificial intelligence in diplomacy has begun

The Educational and Scientific Institute of International Relations at Taras Shevchenko National University of Kyiv invites students from higher education institutions in Ukraine to participate in the Second All-Ukrainian essay competition on the topic «Modern Ukrainian diplomacy: synergy of human and artificial intelligence in defending national interests».

17:48 Fri 24.10.25 161
Where is the line between respect for the court and the dignity of an advocate?

Abroad

Where is the line between respect for the court and the dignity of an advocate?

Ukrainian advocates sometimes complain about condescending attitudes or tactless remarks from judges. But such conflicts are not unique to Ukraine. In various countries, advocates raise issues of communication culture in court, mutual respect, and the inadmissibility of humiliating participants.

15:13 Fri 24.10.25 155
Occupational safety during wartime: legal risks and employer liability

Discussion

Occupational safety during wartime: legal risks and employer liability

On October 21, the National Bar Association of Ukraine held a round table discussion on «Occupational safety in conditions of martial law». Participants discussed how the war has changed the requirements for safe working conditions, what guarantees remain for employees, and what responsibility employers bear for violations of legislation in this area.

13:17 Fri 24.10.25 207
The Czech advocacy has spoken out in defense of the professional independence of its Ukrainian colleagues

Abroad

The Czech advocacy has spoken out in defense of the professional independence of its Ukrainian colleagues

The Czech Bar Association (Česká advokátní komora, ČAK) will appeal to Ukrainian President Volodymyr Zelenskyy and Ukrainian authorities to ensure the preservation of the independence of advocacy in Ukraine.

17:28 Wed 22.10.25 205
When agreement is (im)possible: family disputes involving military personnel

Legal defence of military personnel

When agreement is (im)possible: family disputes involving military personnel

The number of family cases involving military personnel is growing, with the most common issues being divorce, division of joint property, alimony, deprivation or contestation of parental rights, adoption, establishment of guardianship, and cases related to domestic violence.

12:03 Wed 22.10.25 169
Marina Stavniychuk: The UNBA is a professional organization, not a monopoly

Self-government

Marina Stavniychuk: The UNBA is a professional organization, not a monopoly

A unitary state requires uniform standards for access to the profession and disciplinary responsibility, which is why the Ukrainian National Bar Association acts as a professional organization. Accusations of monopoly are false, because public associations cannot replace professional self-government.

13:32 Tue 21.10.25 162

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

Оберіть файл