May 13 is a starting point for Ukraine in protecting the legal profession, - V. Gvozdiy
The ceremonial signing of the European Convention on the Protection of the Profession of Lawyer will take place on May 13 in Luxembourg. This will be the starting point. And Ukraine must take all the necessary preparatory steps to become one of the signatories.
This opinion was expressed by Valentyn Gvozdiy, the Vice President of the Ukrainian National Bar Association and the Bar Council of Ukraine, speaking about the first international act of the Committee of Ministers of the Council of Europe, which for the first time enshrined guarantees of independence of lawyers and protection against pressure.
«In order for the convention to enter into force, the signatures of eight countries are required, six of which must be members of the Council of Europe. According to my information, as of today there are more than six member states of the Council of Europe that are definitely planning to sign this convention», - he said.
The Vice President of UNBA, BCU also said that the solemn signing is scheduled for May 13. It will take place in Luxembourg. «This will be the starting point and I believe that Ukraine should take all necessary preparatory actions to become one of the signatories to this Convention», - said V. Gvozdiy.
In his opinion, this is an extremely important move. «For us, as a country that is moving towards membership in the European Union, such an action will demonstrate our commitment to the rule of law, - said the Vice President of UNBA, BCU. - Although this will not directly affect the entry into force of the Convention, it will add points to us, as a country that claims to be part of the European family, to share all the values of the European Union, among which the rule of law is undoubtedly the key one».
V. Gvozdiy noted that Ukraine as a state is ready to support the international document. «We have already seen at least two extremely powerful signals, - he explained. - When the Convention was voted on in the Parliamentary Assembly of the Council of Europe, our delegation supported it and voted in favor. Also, when the final vote took place at the highest governing body of the Council of Europe, the Committee of Ministers, Ukraine also supported the Convention. In my opinion, the next steps to sign and ratify it will be logical».
As a reminder, in 2020, the European Committee on Legal Cooperation (CDCJ) explored possible measures to ensure the protection of lawyers. One of them was to be a new legal instrument based on Recommendation R(2000)21 of the Committee of Ministers on the freedom of exercise of the profession of lawyer, the Convention for the Protection of Human Rights and Fundamental Freedoms, and the case law of the European Court of Human Rights. In order to implement the developments, in 2022, the CDCJ established a Committee of Experts on the Protection of Advocates (CJ-AV), which included 15 experts from all over Europe, including Ukraine. V. Gvozdiy, who was also elected Vice President of the CJ-AV, was directly involved in the drafting of the Convention.
The Ukrainian translation of the Convention on the Protection of the Legal Profession is available here.
Popular news
Interaction
Advocates discussed possible areas of cooperation with the business ombudsman
Protecting the legitimate interests of businesses is a common area of work for advocacy and the Business Ombudsman Council. The former is an independent constitutional institution within the justice system, while the latter is an important element of the mechanism for responding to complaints from entrepreneurs.
Legislation
UNBA supported the draft law on restoring sovereignty
The Ukrainian people alone have the right to form state authorities. Delegating powers to form authorities to persons who are not citizens of Ukraine is contrary to the provisions of the Constitution.
Legal Aid
A new competition for FLA advocates has begun
A competition has been announced to select advocates who will be involved in providing free secondary legal aid. It will last until December 8, 2025, throughout Ukraine, except for Donetsk, Luhansk regions, and the Autonomous Republic of Crimea.
Guarantees of the practice of law
The CCBE called for the urgent ratification of the Convention on the protection of the profession of advocate
The Council of Bars and Law Societies of Europe (CCBE) has called on all states to sign and ratify the Council of Europe Convention on the protection of the profession of advocate as soon as possible, as the integrity of justice and trust in the rule of law depend on it.
Legal Aid
The Cabinet of Ministers supported the idea of expanding the circle of recipients of FLA
Orphans and children deprived of parental care aged 18 to 23 will be able to receive free secondary legal aid.
Guarantees of the practice of law
Illegal mobilization of an advocate: court requests documents from TCC
A preliminary court hearing was held in Zakarpattia in a case concerning the unlawful mobilization of an advocate. The defendant, the Territorial Center for Recruitment and Social Support, ignored the hearing. The court considered the plaintiff's motion to request evidence.
Discussion
Don't restore, create: Marina Stavniychuk on military courts in Ukraine
In Ukraine, it is not worth «restoring» military courts in the form in which they existed before 2010, as this contradicts the Constitution and European standards. It is necessary to create an independent model that will meet democratic standards, guarantee the independence of judges, and protect the rights of military personnel.
Guarantees of the practice of law
UNBA invites professional associations in the media sector to engage in dialogue
Discussions surrounding Law No. 4547-IX, which introduces administrative liability for publicly identifying an advocate with a client, have turned into a conflict of interpretations, creating the risk of artificial polarization between advocacy and the media.
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