Don't break it, improve it: advocacy opposes imposed reform

The need to reform the Ukrainian advocacy is not confirmed by any objective data. The current model of the institution already provides for instruments for its evolutionary development. Therefore, instead of calling for radical changes, we should focus on improving the mechanisms for the implementation of the functions of the advocacy.

This was emphasized by Oksana Kadenko, member of the Bar Council of Ukraine, during the round table «Reform of the Advocacy», organized by the EU project «Pravo-Justice». The first session of the event was devoted to issues of internal organization, structure, and functioning of the advocacy.

O. Kadenko reminded that the entire system of advocacy in Ukraine is based on the principles of election, transparency, and internal autonomy. All bodies of advocacy self-government, both at the regional and national levels, consist exclusively of advocates and are elected by advocates themselves. No official in the system is appointed by an external entity, and each body acts within its own competence — from the Bar Council of Ukraine to the qualification, disciplinary, and audit commissions. «No non-advocate holds a position in the advocacy bodies. No external entity influences the selection of advocates», - she emphasized.

Another feature of the Ukrainian model is the unification of the entire professional community into a single structure — the Ukrainian National Bar Association. This ensures uniform standards, transparency of functioning, and clarity for society and the state. According to the BCU member, this institutional model has proven its effectiveness even in wartime. It not only performs administrative functions (admission to the profession, disciplinary proceedings, maintenance of registers), but also provides corporate (setting standards, protecting rights) and service (technical support, tools, assistance) functions.

The speaker also expressed the opinion that the current discussion on reform is based not on analytical conclusions or statistics, but on a substitution of concepts. In particular, problems with the implementation of certain functions — such as the organization of qualification exams or management decisions in wartime — are unjustifiably presented as grounds for a complete reform of the system. «I have never seen any reasoned criticism of the Ukrainian advocacy model itself. However, I often see attempts to present the need to improve a particular function as a need to change the entire model», - said O. Kadenko.

In the opinion of the representative of the bar self-government, the existing legislative structure of the advocacy allows for its continuous improvement, both through legislation and internal self-regulation. There are no grounds for destroying this model.