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
European integration
The UNBA presented the CCBE with an overview of legal reform and challenges
Reform of the legal profession, Ukraine’s European integration commitments, guarantees of the profession’s independence, and practices of bar self-governance in European countries — these issues were the subject of discussion at the Council of Bars and Law Societies of Europe (CCBE).
Rule of Law Roadmap
The UNBA is compiling the findings of the subgroups regarding the implementation of the Rule of Law Roadmap
Today, May 28, the Ukrainian National Bar Association hosted a meeting of the Coordination Bureau of the Working Group on the implementation of the Rule of Law Roadmap regarding the reform of the advocacy profession. Following a series of meetings by thematic subgroups, the work is now moving to the stage of consolidating proposals and preparing a coordinated package of recommendations.
Discussion
UNBA discussed removing barriers at border crossings for families with children with disabilities
Families of children with disabilities face additional requirements when traveling abroad, particularly regarding consular registration. What is happening and what changes are needed to remove these obstacles were discussed during the roundtable «Borders without barriers for families of children with disabilities».
Discussion
New rules, old problems: the UNBA discussed the work of the ETAIDF and MMC
The reform of medical-social assessment and military medical commissions has changed procedures but has not resolved practical issues. People face situations where documents are not issued, decisions are based on technicalities, assessments are delayed, and they struggle to demonstrate their actual health status in specific life situations.
Discussion
Co-parenting shouldn't be reduced to a 50/50 formula, — roundtable discussion
Following a divorce, joint custody can serve as a mechanism for ensuring equal parental rights. However, this model requires clear criteria and cannot be applied automatically without taking into account the child’s age, the level of conflict between the parents, the risk of violence, and the feasibility of enforcing the future decision.
Legislation
Penalties for errors in military registration require clear rules, – UNBA
The liability of officials for violations of military registration rules must be legally defined, proportionate, and effectively enforceable. Otherwise, the new fines will not protect citizens from registration errors but will create additional risks.
Educational events
How an advocate can find clients when starting a legal practice
Starting a law practice undoubtedly requires professional knowledge. At the same time, a clear understanding of one’s own area of specialization, clients, and communication channels is essential for success.
European integration
Lidiya Izovitova: In the context of European integration reforms, advocacy is a partner of the state, not a target of reform
The war has significantly altered the working conditions for advocates, while European integration has presented the profession with new institutional challenges. The ongoing negotiation process covers issues such as the rule of law, judicial independence, fundamental rights, justice, freedom and security.
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