Commentary to the Council of Europe Convention for the Protection of the Profession of Lawyer translated into Ukrainian

Advocacy
15:37 Mon 24.03.25 1146 Reviews
Print

Along with the Convention on the Protection of the Profession of Lawyer, the Committee of Ministers of the Council of Europe also approved an explanatory report to it. This document is a kind of official commentary to be used by countries in the application of the international treaty.

The explanatory report to the Council of Europe Convention on the Protection of the Profession of Lawyer was translated into Ukrainian by the Ukrainian National Bar Association (the original document can be viewed here. And the text in Ukrainian can be downloaded here).

It should be reminded that Valentyn Gvozdiy, the Vice President of the UNBA, BCU, was directly involved in the development of both the Convention and the explanatory report within the framework of the Committee of Experts on the Protection of Advocates.

The Convention on the Protection of the Profession of Lawyer was a response to concerns about the increasing number of attacks, threats, harassment and intimidation of lawyers, as well as unlawful obstruction and interference in their professional activities.

The challenges faced by lawyers are varied in nature. Lawyers who handle sensitive or high-profile cases, particularly those involving human rights, criminal defense or political issues, may face harassment and intimidation tactics aimed at deterring them from representing certain clients or handling certain types of cases in the form of smear campaigns, surveillance and other forms of psychological pressure. In the worst cases, they may receive threats to their personal safety. Interference in the work of lawyers can take various forms, such as attempts by state authorities or non-state actors to influence the judicial process or pressure on lawyers to violate the attorney-client privilege. The confidentiality of the attorney-client relationship is a sensitive issue and is crucial to the practice of law, and therefore deserves special protection from unlawful interference by the authorities. Such interference undermines the independence of the legal profession and the effective functioning of the rule of law. The ability of lawyers to practice their profession can also be undermined by harassment, prejudice and negative stereotyping arising from their membership or perceived membership in a particular group.

When lawyers are obstructed or hindered in the exercise of their professional activities, this has a direct and negative impact on their clients' rights to a fair trial and access to justice. This is especially true in cases involving vulnerable groups who may already face barriers to access to legal representation. Lawyers involved in the defense of unpopular cases or clients may face stigma, both professional and personal, which affects their practice and well-being. In some cases, there may be insufficient support or inadequate response from the authorities to protect lawyers from such adverse situations; in severe cases, state authorities may be the source of such criticism. Lack of support or public discrediting of (groups of) lawyers may contribute to the creation of a hostile environment for them. This demonstrates the need for structured legal protection that ensures that lawyers can perform their professional duties and activities without fear of interference, intimidation or harm. This is the main purpose of the Convention, as it is crucial for ensuring the rule of law and the protection of fundamental rights and freedoms so that lawyers can freely and safely carry out their activities in the interests of their clients.

The Convention was drafted taking into account the wide variety of legal systems and ways of organizing the legal profession in the member states of the Council of Europe. In civil law countries, lawyers generally advise and represent clients in court. Conversely, in common law systems, lawyers perform different functions: some lawyers provide legal advice and deal with transactions, while others represent clients in court. Of course, there are rules governing the profession that are specific to each country and often depend on legal culture and history. This diversity reflects the rich legal heritage of the member states and its constant evolution.

Earlier, the UNBA also translated the text of the Convention for the protection of the profession of lawyer.

Popular news

Efforts to develop advocacy must be brought to fruition — A. Misyats

Self-government

Efforts to develop advocacy must be brought to fruition — A. Misyats

The Ukrainian advocacy profession is currently going through a critical phase. Amid the war, it must ensure the continuity of legal aid, defend the independence of the profession, and improve qualification and disciplinary procedures in accordance with European standards. The work that has been started must be brought to a practical conclusion.

20:32 Fri 18.09.26 101
Protecting the legal profession, cybersecurity and support for advocates: common themes for the IBA and the UNBA

Support

Protecting the legal profession, cybersecurity and support for advocates: common themes for the IBA and the UNBA

On September 18, a working meeting was held at the office of the Ukrainian National Bar Association with Executive Director of the International Bar Association (IBA) Mark Ellis. The parties discussed the Ukrainian advocacy profession’s participation in European legal processes, the protection of the UNBA’s digital infrastructure, psychological support for advocates and future areas of cooperation.

19:46 Fri 18.09.26 146
Tax residency of Ukrainians abroad: what matters

Educational events

Tax residency of Ukrainians abroad: what matters

The determination of tax residency for Ukrainians who have been living abroad for an extended period depends on the combination of their personal and economic ties to each country. The established status determines the procedure for reporting income, paying taxes and fulfilling CFC reporting obligations.

18:19 Thu 17.09.26 132
Are Europe's advocacy associations prepared for a potential war? V. Gvozdiy shared lessons from the Ukrainian experience

War

Are Europe's advocacy associations prepared for a potential war? V. Gvozdiy shared lessons from the Ukrainian experience

The continuity of the bar’s self-governance, the protection of professional registries and archives, as well as equal guarantees of employment for advocates, judges, and prosecutors must be enshrined in advance in legislation in the event of war or another emergency.

9:42 Mon 14.09.26 188
Payments to military personnel require clear and uniform criteria — UNBA Committee

Legal defence of military personnel

Payments to military personnel require clear and uniform criteria — UNBA Committee

The vagueness of terms in subordinate regulatory acts leads to differing interpretations of the grounds for paying additional compensation to military personnel. The UNBA has proposed harmonizing these acts and establishing transparent criteria for the allocation of funds.

16:45 Wed 09.09.26 123
Former CCBE President James MacGuill has passed away

Tragic news

Former CCBE President James MacGuill has passed away

The Ukrainian National Bar Association expresses its condolences on the passing of James MacGuill — a renowned Irish advocate and former president of the Law Society of Ireland and the Council of Bars and Law Societies of Europe (CCBE).

10:27 Mon 07.09.26 131
The EU is preparing to accede to the Convention on the Protection of the Professions of Lawyer

Abroad

The EU is preparing to accede to the Convention on the Protection of the Professions of Lawyer

The European Union has been officially invited to become a party to the Council of Europe Convention on the Protection of the Professions of Lawyer as an international organization. The European Commission is already preparing draft decisions regarding the signing of the international treaty and subsequent accession to it.

16:22 Fri 04.09.26 101
From the condition of the railcar to the cause of the accident: how railroad accident investigations work

Discussion

From the condition of the railcar to the cause of the accident: how railroad accident investigations work

Railway and transportation expertise makes it possible to assess the technical condition of rolling stock and tracks, determine the technical cause and mechanism of an incident, assess whether employees’ actions complied with regulatory requirements, and ascertain whether, from a technical standpoint, a derailment, collision, impact, or other incident could have been prevented.

10:02 Fri 04.09.26 114

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

Оберіть файл