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.

As a reminder, the meeting was a continuation of the institutional dialogue initiated following the appeal by the BCU to the Council of Judges regarding the observance of constitutional guarantees of the independence of the advocacy profession. In response, the Council of Judges confirmed the importance of adequately protecting the guarantees of advocacy practice and proposed holding a bilateral working meeting to discuss the issues raised.

The parties paid particular attention to the topic of professional ethics within the justice system. L. Izovitova recalled the attempt to create a joint code of ethics for the three legal professions in 2018. At that time, the BCU, the Council of Judges and the Council of Prosecutors of Ukraine signed a resolution titled «Professional ethics in justice». The document provided for the formation of a coordinating Committee, the creation of a working group to draft a Code of Professional Ethics and define common ethical principles in the justice sector, as well as the conduct of joint training for judges, prosecutors, and advocates on human rights protection and professional ethics. However, this initiative did not yield practical results.

This issue was also the subject of a recent professional discussion organized by the Council of Europe project «Strengthening human rights in the criminal justice system of Ukraine — Phase II». The roundtable «Inter-institutional dialogue on ethical standards and challenges in professions of bodies that are part of or related to the justice system. Common and distinct approaches in disciplinary proceedings of bodies with disciplinary jurisdiction» included Council of Europe consultants, members of parliament, the Verkhovna Rada Commissioner for Human Rights and representatives of the Ethics Council and the Supreme Court. The UNBA was represented at the event by L. Izovitova, her deputy Valentin Gvozdiy and the acting chairman of the High Qualification Commission of Advocates Andriy Misyats.

The view was expressed that a common ethical document for various legal professions is possible primarily at the level of general principles — the rule of law, legality, independence, respect for human rights, and the proper performance of professional duties. At the level of specific rules of conduct and disciplinary liability, these professions have different legal natures. That is why, as emphasized during the meeting, further work on ethical standards must take into account differences in constitutional functions, professional duties, and the substantive content of guarantees of independence.

Another issue discussed at the working meeting was overcoming the staffing crisis in the courts and forming a Selection Committee to conduct a competition for the position of member of the High Qualification Commission of Judges of Ukraine. L. Izovitova emphasized that, to date, the Competition Commission has not been formed in accordance with the procedure provided for in Article 95-1 of the Law of Ukraine «On the judicial system and the status of judges». This is not only a procedural issue but also a matter of the proper functioning of judicial governance mechanisms, since without a formed Competition Commission, it is impossible to ensure the further selection of HQCJ members in the manner prescribed by law.

Lidiya Izovitova reported that in accordance with Article 95-1 of the Law of Ukraine «On the judicial system and the status of judges», the Bar Council of Ukraine, as one of the entities responsible for forming the Competition Commission, proposed three candidates for consideration by the High Council of Justice in August 2025. However, the relevant procedure at the High Council of Justice remains unfinished.

In turn, V. Salikhov noted that addressing the shortage of personnel in the courts is a priority task for the judiciary, and the Council of Judges of Ukraine will make every effort to achieve this within the scope of its authority.

Following the discussion, the parties agreed to begin preparations for signing a memorandum of cooperation between the BCU and the Council of Judges of Ukraine. To this end, relevant working groups will be established to develop areas for further cooperation.

Also participating in the meeting were deputy chairman of the Council of Judges of Ukraine Volodymyr Sokolov, secretary of the Council of Judges of Ukraine Tetiana Hrebeniuk and head of the Secretariat of the UNBA Vadym Krasnyk.