Strengthening the role of advocacy in justice should be a priority, - UNBA Committee chairman

Changes in the field of advocacy should be aimed at strengthening its institutional role in the justice system, rather than at restructuring the Ukrainian National Bar Association. This approach should form the basis for legislative initiatives in this area.

This was stated by the Chairman of the UNBA Committee on the Rule of Law, member of the Venice Commission in 2009-2013, Marina Stavniychuk, during the round table «Reform of the Advocacy», organized by the EU project «Pravo-Justice». The third session of the event discussed the role of advocacy in the justice system and the protection of citizens' rights.

According to M. Stavniychuk, advocacy performs a threefold function: protecting human rights, communicating between the legal community and society, and ensuring effective justice. Therefore, the reform of this institution should focus not only on internal organizational changes, but also on strengthening its role in the justice system.

The UNBA representative critically assessed the practice of involving external actors in the selection and regulation processes in the justice sector, in particular foreign experts and integrity councils. In her opinion, such approaches have not ensured the declared quality of reforms and have not become a guarantee of integrity, as confirmed by recent corruption scandals in the higher courts.

She drew particular attention to the fact that advocates continue to be identified with their clients. In the field of free legal aid, lawyers are often used as a «resource» in pre-trial investigations. In her opinion, this indicates a lack of institutional guarantees and the need to strengthen them.

As noted by M. Stavniychuk, the Council of Europe Convention on the Protection of the Profession of Advocate, which is open for signature, should become a real substantive guideline for improving the institution of advocacy. The document contains fundamental standards that should form the basis for change.

The UNBA is open to professional discussion, the representative of the professional association is convinced. However, this discussion should be based on equal dialogue, not unilateral pressure. The Chairman of the UNBA Committee called on both the public and state representatives to refrain from politicizing the process and focus on the common goal of strengthening the advocacy as an institution.