Problems of implementation of the Convention on the Protection of the Profession of Lawyer discussed in the Verkhovna Rada
On April 16, the Verkhovna Rada Committee on Legal Policy held a joint working meeting to discuss the feasibility of implementing the provisions of the Council of Europe Convention on the Protection of the Profession of Lawyer and introducing the necessary amendments to the current legislation.
The event was attended by Lidiya Izovitova, the President of the UNBA, BCU, Valentyn Gvozdiy, the Vice President of the UNBA, BCU, Igor Kolesnikov, the Secretary of the UNBA, Anna Lazarchuk, the member of the UNBA, Vadym Krasnyk, the Head of the UNBA Secretariat, Andriy Misiats, the acting Head of the High Qualification and Disciplinary Commission of the Bar and Viktor Vovnyuk, the Head of the Secretariat of the Commission.
The organizers explained the relevance of the event by saying that the adoption of the convention demonstrates the European community's increased attention to ensuring the independence of lawyers and their professional associations. In addition, the parliament receives appeals related to ensuring guarantees of the independence of the bar, protection of lawyers and the rule of law in Ukraine.
As a reminder, the Convention for the Protection of the Profession of Lawyer, as an international legal document, for the first time establishes legally binding guarantees for lawyers, including:
- protection from harassment, pressure and unlawful restrictions;
- the right to free exercise of professional activity without fear of reprisals;
- guarantees of preservation of the attorney-client privilege;
- unimpeded access to clients;
- protection from unreasonable state interference in human rights activities.
Today, violations of the rights of lawyers in Ukraine are systemic and occur on a daily basis, - L. Izovitova emphasized in her report. - There are numerous cases of interference in the practice of law by pre-trial investigation bodies, attempts to discredit lawyers in the public space, obstruction of access to clients, violation of attorney-client privilege, as well as threats and intimidation of lawyers, identification of lawyers with their clients, in particular, those lawyers who provide defense in high-profile or «unpopular» cases. In response to these challenges, the Ukrainian National Bar Association has independently created a mechanism for monitoring violations of the rights of lawyers.
The President of the UNBA, BCU said that in 2024 the association received 88 appeals with allegations of violations of professional rights and guarantees of the practice of law. And in the first quarter of this year alone, there were already 25 of them.
Cases of state interference in human rights activities have increased, in particular:
- bringing advocates to criminal liability for their legal position in cases, including in connection with the preparation by the advocate of procedural documents in the cases of his or her client
- identification with clients;
- listening to telephone conversations;
- inspection and seizure of documents containing the attorney-client privilege;
- interrogation of advocates as witnesses when they are defense counsels in the same cases;
- infliction of bodily harm to lawyers while providing legal aid.
«We regularly appeal to the President, the Verkhovna Rada, law enforcement agencies and international organizations to take action. But without enshrining international guarantees at the legislative level, this is not enough, - noted L. Izovitova. - Given the daily cases of violations of the rights of lawyers, it is extremely important that the Convention becomes binding for Ukraine as soon as possible».
Pursuant to Article 17 of the Convention, it is open for signature by member states of the Council of Europe, non-member states that participated in its development, and the European Union. Ukraine is a full member of the Council of Europe and participated in the development of the Convention on the Protection of the Profession of Lawyer.
«Supporting this convention is a signal to the whole society that the state recognizes the role of the bar as an equal and independent element of the justice system and really seeks to strengthen legal institutions», - summarized the President of the UNBA, BCU.
In this regard, the UNBA appealed to the Verkhovna Rada Committee on Legal Policy with a request:
- To initiate the issue of ratification of the Convention in the Parliament of Ukraine;
- Support all necessary procedures for its prompt consideration;
- To join the development of relevant amendments to national legislation.
Valentyn Gvozdiy, who was a representative of Ukraine in the Committee of Experts of the Council of Europe on the drafting of the international treaty, made a presentation on the content and legal consequences of the implementation of the Convention for MPs and other participants of the meeting.
Popular news
Legislation
UNBA initiatives to implement the Roadmap were supported by international experts
International experts who participated in the inaugural meeting of the Working Group on the implementation of the Roadmap on the rule of law in advocacy and agreed to join it expressed their support for the initiative of the Ukrainian National Bar Association.
Legislation
How will the group responsible for implementing the Roadmap for advocacy operate?
The working group on the implementation of the Roadmap on the rule of law in the area of advocacy will operate at several levels: plenary meetings as a platform for adopting framework decisions, a coordination bureau for compiling documents and calendar control, and thematic subgroups for preparing norms and their justification. International experts will verify the results against European standards and «red lines».
Legislation
Advocacy is a responsible entity, not a critic of reform — V. Gvozdiy
The Roadmap on the Rule of Law is not a basis for restructuring the model of advocacy, but a framework for verifying and improving the already European-oriented system. At the same time, part of the work has already been done, so further progress should be made in the form of coordinated and practical decisions.
Legislation
Roadmap and advocacy: working group holds first meeting
On January 2, the first organizational meeting of the Working Group on the implementation of the Roadmap on the rule of law in the area of advocacy reform took place. The event was devoted to agreeing on the framework for further work and exchanging the initial positions of the participants.
Self-government
BCU: NACP initiatives regarding the Bar are unconstitutional interference
The Bar Council of Ukraine has condemned the initiatives to reform the Bar proposed by the National Agency on Corruption Prevention as direct, gross and systematic interference by the executive branch in the activities of an independent constitutional institution.
Self-government
UNBA program for implementation of the Roadmap on the rule of law published
In order to ensure the implementation of measures set out in the Roadmap on the Rule of Law, the Bar Council of Ukraine approved a program for its implementation in relation to the reform of advocacy.
Professional Conduct
The results of the CISA cannot be used in disciplinary proceedings against advocates – BCU
Materials obtained through covert investigative (search) activities involving interference in private communications cannot be transferred or used in disciplinary proceedings against advocates. This is because the Code of Criminal Procedure does not allow investigators or prosecutors to use such materials outside of criminal proceedings.
URAU
Access to advocate contacts in URAU has been restored
The Bar Council of Ukraine has opened up public access to data from the Unified Register of Advocates of Ukraine, which was closed at the start of the full-scale invasion in 2022. The decision was made at a meeting on December 12–13.
Publications
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
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…