Ukraine should be one of the first to ratify the Convention on the Protection of the Profession of Lawyer - V. Gvozdiy
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
Legislation
Advocates have warned that the draft Labor Code would curtail workers' protections
Certain provisions of the draft Labor Code of Ukraine regarding collective labor disputes undermine labor protections and do not comply with constitutional and international standards.
Educational events
The right of minors to marry: how judicial oversight works
The issue of granting minors the right to marry lies at the intersection of family law, child protection, and judicial discretion. The UNBA Committee on family law dedicated a webinar held on March 30 to this very topic.
Interaction
The UNBA and the Coordination headquarters have agreed to cooperate in assisting those released from captivity
Servicemen released from captivity, family members of prisoners of war, civilians deprived of their personal liberty as a result of armed aggression, as well as persons missing in connection with the war, will gain additional opportunities to access legal assistance and protect their rights.
Self-government
BCU: The HCJ’s decisions undermine the constitutional guarantees of the independence of the advocacy profession
The Bar Council of Ukraine has concluded that, in its recent decisions, the High Council of Justice has, without legal grounds, called into question the right of bar self-governing bodies to protect the guarantees of legal practice and has, in effect, attempted to grant one of its members — who retains the status of an advocate — special immunity from the Rules of professional conduct and disciplinary responsibility.
Announcements
The Bar Council of Ukraine begins its meeting
Today, April 2, a meeting of the Bar Council of Ukraine is taking place in Kyiv. On the agenda are issues related to the activities of bar self-governing bodies, consideration of a decision by the High Council of Justice, a number of appeals, as well as a discussion of the current state and pressing issues regarding the functioning of the legal aid system.
Interaction
The UNBA and the National Guard have agreed to cooperate on legal protection for military personnel
Servicemembers of the National Guard, their family members, and veterans are to receive additional legal tools to protect their rights, while the National Guard’s legal services will receive methodological and expert support.
Interaction
Protecting the rights of service members: The UNBA and the Military Ombudsman have agreed on cooperation
Servicemembers, reservists, conscripts during training exercises, members of local community volunteer units, and other individuals covered by the Law «On the Military Ombudsman» should have better access to professional legal assistance.
Discussion
New Labor Code: advocates highlight the strengths and risks of the draft
The draft Labor Code contains a number of progressive provisions aimed at modernizing labor legislation: digitizing procedures, expanding forms of employment, and increasing transparency in wage payments. At the same time, certain systemic issues require further refinement.
Publications
Volodymyr Matsko Extradition during wartime: when the risks outweigh the request
Volodymyr Matsko Extradition as a systemic form of rights violations
Victoria Yakusha, Law and Business The anti-corruption vertical cannot «take care» of the Bar as an institution, - acting head of the HQDCB
Censor.net Protecting advocates – protecting justice: addressing concerns about the new law
Ihor Kolesnykov A BRIEF SUMMARY REGARDING THE APPLICATION OF THE ORDER ON EXTENDED CONFISCATION IN LATVIA REGARDING FINANCIAL ASSETS OF…
Valentyn Gvozdiy WORKING IN A WAR ZONE
Lydia Izovitova Formula of perfection
Sergiy Vylkov Our judicial system is so built that courts do not trust advocates