BCU: The HCJ’s decisions undermine the constitutional guarantees of the independence of the advocacy profession

Self-government
14:56 Thu 02.04.26 268 Reviews
Print

The Bar Council of Ukraine has concluded that, in its recent decisions, the High Council of Justice has, without legal grounds, called into question the right of bar self-governing bodies to protect the guarantees of legal practice and has, in effect, attempted to grant one of its members — who retains the status of an advocate — special immunity from the Rules of professional conduct and disciplinary responsibility.

These conclusions of the BCU are set forth in the decision «On the results of the review of the High Council of Justice’s decisions regarding violations of constitutional guarantees of the independence of the advocacy». The BCU meeting is taking place today, April 2, in Kyiv.

The focus of the Bar Council of Ukraine’s review is on Decisions No. 136/0/15-26 of the High Council of Justice dated January 29, 2026, and No. 531/0/15-26 dated March 26, 2026. According to the BCU, it is in these decisions that the lawful activities of bar self-governing bodies — considering an advocate’s appeal, filing a disciplinary complaint, opening a disciplinary case, and further participation in disciplinary proceedings — were groundlessly characterized as interference in the activities of a member of the High Council of Justice. At the same time, the Bar Council of Ukraine emphasized: as early as October 14, 2025, the High Council of Justice itself effectively acknowledged that BCU Decision No. 82 was adopted within the scope of the Bar Association’s self-governing powers and did not constitute interference in the activities of its member.

As a reminder, in Decision No. 82 of August 12, 2025, the Bar Council of Ukraine, having reviewed the statement of advocate Oleksandr Vikhrov and video recordings of the High Council of Justice’s sessions, established facts of violations of guarantees of attorney-client privilege during the evaluation of his candidacy for the position of judge. According to the BCU’s conclusion, Roman Maselko, a member of the High Council of Justice, being aware of the legal regime of attorney-client privilege, induced the advocate to disclose materials from the advocate’s file, the nature of his relationship with the client, and other information obtained in connection with the provision of legal assistance. The Council also noted the de facto identification of the advocate with his clients and their cases, as well as the use of information about the advocate’s personal and family life beyond the scope of a proper evaluation of a candidate for the position of judge.

The new decision by the BCU places particular emphasis on the fact that attorney-client privilege protects not the «internal interests of the profession», but first and foremost the human rights of the client, the principal, and other individuals whose information the advocate obtained while providing legal assistance. The BCU emphasized that an advocate is merely a professional bearer of the perpetual duty to preserve this privilege. For this reason, the Bar Council of Ukraine regarded the unjustified coercion of an advocate to disclose such information without the client’s consent not only as an interference in the advocate’s professional sphere but also as an interference in the constitutionally protected sphere of human rights.

The BCU’s decision also explicitly states: the suspension of the right to practice law in connection with election or appointment to another position does not terminate the status of an advocate, does not nullify the effect of the Oath of an Advocate of Ukraine, and does not release such a person from the obligation to comply with the Rules of professional conduct. Therefore, in the opinion of the Bar Council of Ukraine, the conclusion of the High Council of Justice that the actions of an advocate who is a member of the High Council of Justice may be assessed exclusively by the High Council of Justice itself is not grounded in law and effectively creates a functional immunity not provided for by law.

Another fundamental conclusion of the BCU concerns the role of bar self-governing bodies. The Council noted that the decision of the High Council of Justice dated March 26, 2026, effectively interfered with the activities of the Qualification and Disciplinary Commission of the Bar of Zakarpattia Oblast, as it contained a negative assessment of the disciplinary proceedings, called into question the authority of the disciplinary body of the advocacy profession, and, according to the content of the BCU’s decision, was aimed at imposing a predetermined model of conduct on independent bodies of bar self-governance.

At the same time, the Qualification and Disciplinary Commission of the Bar of Zakarpattia Oblast, having considered the complaint, concluded that there was a disciplinary offense in the actions of advocate Maselko and issued a warning to him specifically for interfering in the legal practice of advocate Vikhrov, inciting the disclosure of attorney-client privilege, identifying the advocate with clients, and using inappropriate and humiliating remarks. Under these circumstances, the BCU emphasized, instead of refuting the established facts in the manner prescribed by law, the High Council of Justice called into question the very competence of the advocacy body’s disciplinary body to assess such actions.

The Bar Council of Ukraine also stated that this legal position of the High Council of Justice contradicts Ukraine’s international obligations regarding the protection of the legal profession. The decision emphasizes that European standards for the protection of the legal profession are based on the need to ensure that professional bar associations have a real opportunity to support and defend the independence of advocates, guarantee the confidentiality of legal practice, and prevent negative consequences for an advocate arising from their association with a client or a client’s case. In the opinion of the BCU, the recent decisions of the High Council of Justice have called into question precisely this right of professional bar associations — to respond to violations of guarantees of legal practice and to initiate disciplinary proceedings against another advocate.

In conclusion, the Bar Council of Ukraine stated that in its decisions of January 29 and March 26, 2026, the High Council of Justice exceeded the powers granted to it by law, arbitrarily expanded its own jurisdiction, interfered in the activities of independent bodies of bar self-governance, and effectively created a new legal regime not provided for by either the Constitution of Ukraine or the laws of Ukraine. Such an approach, according to the BCU’s conclusion, is incompatible with the principle of the rule of law, legal certainty, and international standards for the protection of the advocate profession.

Following the review, the Bar Council of Ukraine decided to send this decision to the President of Ukraine, the Prime Minister of Ukraine, the High Council of Justice, the Council of Judges of Ukraine, the Verkhovna Rada Committee on Legal Policy, the Verkhovna Rada Committee on Law Enforcement, the Subcommittee on the Organization and Activities of the Advocacy, legal aid agencies, the Ukrainian Parliament Commissioner for Human Rights, the Ukrainian National Bar Association, as well as to the Council of Bars and Law Societies of Europe (CCBE), the International Bar Association (IBA) and other institutions.

Popular news

Valentin Gvozdiy: Ukraine’s ratification of the Convention for the Protection of the Profession of Lawyer – is a matter with concrete implications

Guarantees of the practice of law

Valentin Gvozdiy: Ukraine’s ratification of the Convention for the Protection of the Profession of Lawyer – is a matter…

Exactly one year ago, on May 13, 2025, in Luxembourg, during the 134th session of the Committee of Ministers of the Council of Europe, the Convention for the Protection of the Profession of Lawyer was opened for signature. Today, the Verkhovna Rada Committee on legal policy held a working meeting to prepare for its ratification. Between these two dates lies a year, during which (on March 9) Ukraine became the 28th signatory state. We spoke about this new phase with the Vice President of the UNBA, BCU Valentin Gvozdiy, who was personally involved in the preparation of this international instrument.

19:23 Wed 13.05.26 105
Mental health, archives and cybersecurity: The UNBA and the IBA reviewed the progress of joint projects

Support

Mental health, archives and cybersecurity: The UNBA and the IBA reviewed the progress of joint projects

The Ukrainian National Bar Association and the International Bar Association (IBA) reviewed the progress of joint projects that are of practical importance in the context of the war: supporting the mental health of advocates, digitizing archives, and strengthening the cybersecurity of the legal infrastructure.

18:27 Fri 08.05.26 129
The UNBA is developing a model for reforming the legal profession

Rule of Law Roadmap

The UNBA is developing a model for reforming the legal profession

The reform of the advocacy profession is part of the negotiation process regarding Ukraine’s accession to the European Union, and the Rule of Law Roadmap explicitly identifies the Ukrainian National Bar Association as one of the key stakeholders in the process.

16:21 Fri 01.05.26 182
Missing in action: advocates explain the procedure to the families of servicemembers

Legal defence of military personnel

Missing in action: advocates explain the procedure to the families of servicemembers

As part of the «Advocate+» pilot project, advocates continue to work with military personnel in the brigades, helping to resolve practical legal issues — ranging from social benefits and payments to undergoing medical examinations and processing paperwork.

17:13 Wed 29.04.26 130
Police to investigate the NACP's attempts to reform advocacy

Guarantees of the practice of law

Police to investigate the NACP's attempts to reform advocacy

The Office of the Prosecutor General has opened a criminal investigation into alleged abuse of power by employees of the National Agency for Corruption Prevention.

13:32 Wed 29.04.26 177
Advocates and patent attorneys combine their expertise in the field of intellectual property

Interaction

Advocates and patent attorneys combine their expertise in the field of intellectual property

Joint legislative proposals, expert opinions on regulatory changes and professional discussions on key issues in the field of intellectual property will form the basis of cooperation between the Ukrainian National Bar Association and the National Association of Patent Attorneys of Ukraine.

15:57 Tue 28.04.26 156
The UNBA and the Council of Judges of Ukraine are expanding their professional dialogue

Interaction

The UNBA and the Council of Judges of Ukraine are expanding their professional dialogue

On April 24, a working meeting was held between the President of the UNBA, BCU Lidiya Izovitova and the Chairman of the Council of Judges of Ukraine Vitaliy Salikhov. Topics discussed included formats for cooperation between bar and judicial self-governing bodies, the development of joint ethical standards, and the formation of a Selection Committee for the recruitment of members of the High Council of Justice.

12:34 Mon 27.04.26 174
The model for legal assistance to veterans was discussed at the UNBA

Legal defence of military personnel

The model for legal assistance to veterans was discussed at the UNBA

A working meeting was held at the Ukrainian National Bar Association, during which representatives of the advocacy profession, the Ministry of Veterans Affairs of Ukraine and a foreign expert discussed approaches to providing legal aid to veterans, the role of the advocacy profession in this system, and the experience of other countries.

18:07 Mon 20.04.26 238

Надішліть файл із текстом публікації у форматі *.doc, фотографію за тематикою у розмірі 640х400 та Ваше фото.

Оберіть файл