Advocates perform an irreplaceable function of realization of rights – the President of the ECHR
Advocates are key players in the legal system who promote the rule of law by acting to ensure the fair and consistent application of laws.
This was stated by the President of the European Court of Human Rights Marko Boshniak during a speech to the Council of Bars and Law Societies of Europe (CCBE), the official website of the Council of Europe reports.
For reference: CCBE is an international association that represents more than a million European lawyers before European and other international institutions. The most important missions of the CCBE are the regulation of the profession, the protection of the rule of law, human rights and democratic values. CCBE members are bars and law societies from 46 countries of the European Union, the European Economic Area and Europe.
The President of the ECHR named a number of decisions that have contributed to the protection of the professional activity of lawyers over the years. He also paid tribute to the role of lawyers in implementing the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms both at the national level and in Strasbourg. After all, it is lawyers who are the first to record human rights violations, ensure access to justice and provide the necessary legal support.
«The main thing is that lawyers who represent, advise and defend clients at every stage of their journey to justice perform an irreplaceable function of realizing rights», - said M. Boshniak.
He also noted that the innovative international treaty of the Council of Europe - the Convention on the Protection of the Profession of Lawyer - was developed in response to the growing number of attacks, threats, harassment and intimidation of lawyers.
The Convention was recently adopted by the Committee of Ministers of the Council of Europe. Valentyn Gvozdiy, the Vice President of the Ukrainian National Bar Association and the Bar Council of Ukraine, was directly involved in its development as a member of the Committee of Experts on the Protection of Advocates (CJ-AV). The UNBA translated into Ukrainian the Convention itself and the explanatory report (commentary) to it, and called on MPs and relevant ministries to ensure the expedited signing and ratification of this international treaty by Ukraine.
The Convention will be opened for signature on May 13 during a meeting of Council of Europe foreign ministers in Luxembourg.
Popular news
Legislation
Proceedings against military personnel following AWOL require clear deadlines — UNBA
A soldier’s return to duty after AWOL does not necessarily mean the end of criminal proceedings. To ensure that the case does not remain at the pretrial investigation stage, a clear procedure for the investigator and prosecutor is required.
Educational events
A one-time payment or royalties? Students were briefed on changes to copyright agreements
As a general rule, property rights to a work created by an employee are transferred to the employer, but the author retains the right to remuneration. European law requires that this remuneration be based on the actual income generated by the work, rather than being limited to a one-time payment.
Legislation
The UNBA warned of the risk of customs barriers for Ukrainian paper and furniture
Ukraine’s anti-deforestation rules are intended to preserve export access to the EU market. However, without paper and furniture on the list of goods, without effective sanctions, and with enforcement beginning only in 2030, these rules could hinder that goal.
Legislation
Fines for loud exhaust — based on a standardized measurement method — UNBA
Measures to combat intentionally loud exhaust noises are justified, especially during wartime. However, as long as the law does not specify which noise standard to apply or how to measure it on the road, this new liability can be neither fair nor effective.
Guarantees of the practice of law
Guarantees for advocacy without protective measures: proposed changes to the codes
The current law sets forth the rights and guarantees of the legal profession, but lacks the tools to protect them. The future law on advocacy is intended to fill this gap through amendments to criminal, administrative and procedural legislation.
Abroad
Living abroad doesn't sever your ties with Ukraine: what you should check
Moving to another country and even long-term residence abroad does not automatically sever an individual’s legal ties to Ukraine. Tax residency, sole proprietorship status, foreign income, enforcement proceedings, and military registration remain relevant even after relocation.
Legislation
Exceptions to the state prosecutor's representation in court must be consistent with the CCU's decision
To prevent the provisions of Article 23 of the Law «On the prosecutor’s office» from being declared unconstitutional again, the proposed amendments contained in the government’s draft law should be clarified.
Appointment
Representatives of the UNBA appeared in Zagreb, Los Angeles and Strasbourg
Representatives of the Ukrainian National Bar Association have been appointed in Zagreb (Croatia), Los Angeles (USA) and Strasbourg (France). They are advocates Nadiya Korinna, Hryhoriy Solomon and Aminat Suleimanova.
Publications
Vasyl Kolishnyi, «Law and Business» Supporting mental health should become part of the professional culture of the Bar, - H. Udovenko
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
