Law on advocacy and the Council of Europe Convention: the UNBA assessed compliance (comparative table)

The Ukrainian National Bar Association has prepared and published a comparative table showing the extent to which Ukrainian legislation complies with the provisions of the Council of Europe Convention on the protection of the profession of advocate.

The table is divided into three columns: the first contains the provisions of the Convention, the second contains the relevant articles of the Law «On advocacy and the practice of law», and the third contains analytical comments on their compliance and the possibility or necessity of amendments.

As a result of the analysis, the UNBA concluded that the current Law «On advocacy and the practice of law» is fully consistent with the provisions of the Convention. No contradictions were found. Most of its provisions have already been implemented in Ukrainian legislation.

At the same time, the table contains proposals for amendments to the CPC, the CPC, the CAS, the CPC, the laws «On advocacy and the practice of law», «On the judiciary and the status of judges», the Law «On the prevention and combating of money laundering and the financing of terrorism and the proliferation of weapons of mass destruction» and the Law «On the National police», which could strengthen guarantees of the independence of advocacy and the compliance of the national system with international standards.

In particular, it is proposed to extend the guarantees provided by the Law «On advocacy and the practice of law» to assistants to advocates and other persons who assist in the performance of professional duties, to provide a legislative definition of the term «potential client» and to enshrine the obligation of the state to consult with the advocacy on proposals concerning anychanges in legislation that directly affect the professional activities and regulation of the profession. In addition, additional elements of the mechanism for responding to cases of obstruction of the work of advocates by state authorities are envisaged.

It should be recalled that the Council of Europe, at its 1522nd meeting held on March 11 and 12, 2025, adopted the Convention on the Protection of the Profession of Advocate. The solemn signing of the international document took place in Luxembourg on May 13-14. However, Ukraine, whose representative participated in the drafting of the Convention, did not sign it at that time.

On August 20, the Subcommittee on the organization and activities of the advocacy of the Verkhovna Rada Committee on legal policy held a working meeting with the participation of MPs, representatives of the Ministry of Justice, the Ministry of Foreign Affairs, and the UNBA, during which the prospects for Ukraine's signing and ratification of the Convention were discussed. Therefore, the table that has been developed could become an important argument for accelerating these processes.

The table can be viewed at link.