Martial law and advocacy self-government: Marina Stavniychuk commented on the postponed elections

During martial law, elections to the bar self-government bodies and the delegation of representatives by advocacy to the High Council of Justice were suspended. Marina Stavniychuk, chairman of the UNBA Committee on the rule of law and member of the Venice Commission (2009–2013), is convinced that this is not a blockage, but rather the implementation of the principle of continuity of powers in order to ensure the uninterrupted functioning of the institution during the war.

She expressed her position on the radio station Kyiv FM during the program «Kyiv Speaks», according to the publication «Legal newspaper».

«The management and chairman of the Ukrainian National Bar Association are elected for a specific term... But it is common knowledge that martial law has been in effect in Ukraine since 2022 due to full-scale military aggression. And I have already noted that the number of advocates in Ukraine is quite large (according to official data from the UNBA, more than 70,000, ed.). And all procedures related to the election and re-election of the association's leadership, bar self-government bodies, and relevant commissions formed to consider issues related to liability require the participation of virtually all advocates in Ukraine», - she explained.

For this reason, according to M. Stavniychuk, the Bar Council of Ukraine decided that no elections would be held in the UNBA until the end of martial law. «By and large, the principle of continuity is applied here, which is provided for by the law on the legal regime of martial law and defense, where the continuity of the powers of the President, the Verkhovna Rada and local self-government bodies during the war is continued in order to ensure a stable and peaceful functioning regime, - noted the representative of the advocacy institute. - When the war ends and martial law is lifted, the National Association of Advocates of Ukraine will certainly carry out all the procedures related to the election of the association's leadership for the new term».

She also stressed that in such a situation, different assessments are possible. «The fact that no re-elections are held during martial law can be viewed in different ways. Obviously, since you are asking this question, someone else has asked it too. Journalists are researching the mood in society and in the community. But I think I have explained it clearly enough for anyone who is capable of critical thinking in the conditions in which our country finds itself today», - concluded M. Stavniychuk.