Ratification of the Convention on the protection of the legal profession will strengthen the legal system – UNBA
The Ukrainian National Bar Association has called on MPs and relevant ministries to ensure the expedited signing and ratification of the Council of Europe Convention on the Protection of the Profession of Lawyer by Ukraine.
The respective letters were sent to the Chairman of the Verkhovna Rada Committee on Legal Policy Denys Maslov, the Chairman of the Subcommittee on the Organization and Activities of the Bar and Legal Aid Bodies of the same Committee Volodymyr Vatras, the Permanent Representative of the Verkhovna Rada to the Constitutional Court Maksym Dyrdin, as well as to the Ministry of Foreign Affairs and the Ministry of Justice.
As a reminder, on March 12, 2025, the Committee of Ministers of the Council of Europe adopted the first-ever Convention on the Protection of the Profession of Lawyer. This international document is key for the legal community, as it establishes mandatory international guarantees of the independence of lawyers, mechanisms for protection against undue pressure and promotes the rule of law.
Ukraine played an active role in the development of the Convention. The European Committee on Legal Cooperation selected a representative from Ukraine - Valentyn Gvozdiy, the Vice President of the UNBA, BCU - to the Committee of Experts on the Protection of Advocates, which worked on the text of the draft and the explanatory report to it for three years. Subsequently, he was elected Vice President of the European Committee of Experts. In this position, he managed to show 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 shows the international community that the legal regulation of the legal profession in Ukraine is based on European standards.
The UNBA is convinced that it is now extremely important to be among the first countries to sign and ratify it.
After all, the ratification of the Convention will have a significant impact on strengthening the legal system of Ukraine, as it will strengthen the guarantees of the independence of the Bar, improve citizens' access to fair trial, and help fight corruption in human rights bodies. It will also be in line with our country's European integration course.
In order to implement the provisions of the Convention, it is necessary to analyze the national legislation for the need to amend, in particular, the Law «On the Bar and Practice of Law» (to provide additional guarantees of independence of lawyers and mechanisms of protection against pressure), the Criminal Procedure Code of Ukraine (to strengthen the guarantees of attorney-client privilege and immunity of lawyers in criminal proceedings).
As part of the expert assistance, the UNBA expressed its readiness to prepare and hold presentations on the key provisions of the Convention, and assured of maximum support for all legal procedures by the UNBA committees.
Popular news
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.
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».
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.
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.
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.
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.
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.
Legislation
UNBA warned about the risks of uncoordinated changes regarding incapacitated persons
The Ukrainian National Bar Association supports the idea of strengthening guarantees for persons declared legally incompetent by a court, but warns against adopting changes that are not coordinated with each other. To ensure real, rather than declarative, protection of rights, a systematic review of the provisions of the Civil Code and the Code of Civil Procedure is necessary.
Publications
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
Iryna Vasylyk Advocacy in the proclamation of Independence of Ukraine
Oleksandr DULSKY When we cross the border of the Supreme Anti-Corruption Court, we get into another department of the National Anti-Corruption…
Vadym Krasnyk The UNBA will work, and all obstacles and restrictions are only temporary inconveniences