Advocates discussed possible areas of cooperation with the business ombudsman

Protecting the legitimate interests of businesses is a common area of work for advocacy and the Business Ombudsman Council. The former is an independent constitutional institution within the justice system, while the latter is an important element of the mechanism for responding to complaints from entrepreneurs.

The institutional role of advocacy

Representatives of the Ukrainian National Bar Association discussed opportunities for cooperation with Business Ombudsman Roman Vashchuk during a meeting on October 14.

The Vice President of the UNBA, BCU Valentin Gvozdiy emphasized that the Ukrainian model of advocacy is based on the European model and its strength is directly related to its independence from state institutions. After all, the state is inherently endowed with coercive power — it enacts laws and ensures their enforcement, including by bringing individuals to justice. This is a natural element of a democratic system, but it is precisely why there is a need for a professional defender capable of balancing the state's powers.

«Only advocacy can protect a person from the state, which has the entire punitive apparatus at its disposal. But it can only do so effectively if it is completely institutionally independent», - he stressed.

That is why, according to V. Gvozdiy, the principle of unity of advocacy within a single professional organization is not only an organizational mechanism but also a human rights mechanism that guarantees the real protection of human rights and freedoms. Unlike all other public organizations, the UNBA is a regulator of the profession, authorized by law to ensure access to it, compliance with ethical rules by advocates, and disciplinary practice.

Separately, the Vice President of the UNBA, BCU focused on the issue of international integration of advocacy, noting the active participation of the UNBA in European professional associations and agreements that simplify access for Ukrainian advocates to practice in EU countries.

The activities of the UNBA Committee on business and investor protection were presented by deputy chairman Serhiy Lysenko. He recalled that this committee has a common goal with the Business Ombudsman Council — to improve the investment climate and protect entrepreneurs from unlawful actions by state bodies. Established in 2019, it now brings together advocates from different regions of Ukraine who work in the field of tax, customs, and corporate law and protect the property rights of businesses.

Its main areas of work include preparing analytical materials and comments on draft laws, developing methodological recommendations for lawyers, and organizing public events with the participation of judges, government officials, and business representatives. «We want advocates and in-house lawyers to have a clear understanding of how to act in conflict situations and what tools to use to protect business interests. In this regard, the experience of the Business Ombudsman Council is extremely valuable», - said S. Lysenko.

He also emphasized the importance of joint training events and consultations for regional advocates, which will help improve the effectiveness of responses to business complaints.

Ideas that unite

Committee member Igor Feshchenko supported the idea of analytical cooperation and proposed holding joint briefings to identify systemic problems faced by entrepreneurs, as well as involving advocates in the preparation of reports by the Business Ombudsman Council that reflect key business challenges and effective mechanisms for addressing them.

He was supported by his colleague on the Committee Denis Nagornyuk, who proposed launching a series of training events by the Business Ombudsman Council for advocates in the regions, as well as developing joint training programs with the Higher School of Advocacy of the UNBA. Such programs will help advocates respond more effectively to business complaints and apply proven algorithms in their work.

D. Nagornyuk also voiced the idea of creating a joint business protection platform, which advocates and experts from the Business Ombudsman Council could join. Its purpose would be to respond promptly to requests from entrepreneurs, develop standard solutions and recommendations for businesses, advocates, and corporate lawyers, and prepare publications and bulletins with practical legal protection mechanisms.

Committee member Oleksandr Bass supported his colleagues' proposals and emphasized the advisability of creating a joint rapid response team. According to him, such a team could promptly process entrepreneurs' appeals, analyze their nature, and systematize problems that are widespread.

He noted that advocates, working with businesses, actually perform a diagnostic function — they identify the essence of a legal problem and help refer it to the appropriate specialist or authority. Combined with the expertise of the Business Ombudsman Council, this will increase the effectiveness of responses and develop standard algorithms for similar situations.

In recent years, advocates have been actively involved in the preparation of draft regulations and the provision of expert opinions to parliamentary committees, and the position of the UNBA is increasingly taken into account in the development of legislative decisions. This was noted by the deputy chairman of the UNBA Committee on agricultural, land and environmental law Dmytro Navrotsky. According to him, the activities of bar committees have similarities with the work of the Business Ombudsman Council, namely the preparation of analytical reports, publication of expert opinions, and preparation of recommendations for government authorities and businesses. The advocate proposed to launch joint analytical digests that would summarize court practice and systemic problems in the field of economic relations, in particular land and tax disputes.

Deputy chairman of the UNBA Committee on investment and privatization Vitaliy Zhadobin emphasized that the mechanism of appealing to the Business Ombudsman Council has become one of the most effective tools for protecting the rights of entrepreneurs. After all, the participation of the Office's experts in the consideration of cases often contributes to achieving positive results for business, and the position of the Council adds weight to the arguments of the defense.

He noted that the activities of the Committee, like those of the Business Ombudsman Council, are aimed at developing communication between business and government agencies, as well as finding practical solutions to remove administrative barriers. V. Zhadobin also expressed his readiness to work together on projects that will help increase business confidence in legal instruments for investment protection and ensure effective interaction.

Cooperation that is worthy of trust

The Business Ombudsman, in turn, outlined one of the key problems of the Ukrainian legal field — unpredictable law enforcement. According to him, even well-written laws often lose their meaning due to contradictory interpretations or formal inaccuracies, which creates risks for investors and entrepreneurs.

«From the point of view of both investors and Ukrainian entrepreneurs, as well as our practice, it is precisely the unpredictable application of the law in Ukraine that is the greatest evil», - noted R. Vashchuk.

He also spoke about the Business Ombudsman Council's initiative to implement the Declaration of Fair and Indivisible Administration, designed to strengthen the principles of good governance. Its goal is to introduce effective mechanisms for administrative appeals at the local level, which will allow disputes to be resolved before going to court. A pilot project is already being implemented in cooperation with the city authorities of Lviv. «Some cities have already signed this declaration. And I had an idea that perhaps advocates could join in some form», - suggested R. Vashchuk.

He also stressed that the success of legal reform is impossible without a change in the state's approach to business: «The state must proceed from the presumption of good will on the part of entrepreneurs, rather than treating everyone as a potential violator, - the Business Ombudsman is convinced. - Without this philosophical shift, many of the principles and projects that you represent will not work. They are being used with the opposite intent».

During the discussion, V. Gvozdiy proposed that the UNBA and the Business Ombudsman Council sign a memorandum of cooperation that would establish possible areas of cooperation. «We are not a business association — we are a constitutional institution of the justice system. Therefore, it is logical that there should be a similar format of cooperation between us and the Business Ombudsman Council, as between the Council and the Office of the Prosecutor General or the National Police», - said the Vice President of the UNBA, BCU.

Although the Business Ombudsman Council traditionally signs memoranda mainly with state bodies, R. Vashchuk welcomed this initiative. «We will consider it. I think that continuing or even intensifying some joint activities, training, and exchange of experience is absolutely right. We can take this into account in our plans», - he said.

Summing up the meeting, R. Vashchuk emphasized that the strength of the Business Ombudsman Council lies not in its formal powers, but in the professionalism of its team. Its authority among state bodies is ensured by the quality of the documents, analytical reports, and appeals it prepares. It is precisely the professionalism and well-reasoned positions that allow results to be achieved even in complex cases.