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.

This was emphasized on May 1 by Lidiya Izovitova, President of the UNBA, BCU, during a meeting of the Bar Council of Ukraine, as she reported on the work of the UNBA’s working group on reforming bar legislation in accordance with the Roadmap.

She noted that on March 9, Ukraine signed the Council of Europe Convention for the Protection of the Profession of Lawyer, which provides for timely and effective consultation with professional associations regarding changes in legislation, procedural, and administrative rules that directly affect the professional activities of advocates and the regulation of the profession.

In accordance with the Roadmap, the BCU approved an implementation program across nine areas, and the first meeting of the working group took place on January 2. L. Izovitova explained that the work is being conducted according to a four-tier model: plenary sessions, a coordinating bureau, eight thematic subgroups, and an international advisory group tasked with providing expert input on the developed solutions.

Among the areas already addressed, the President of the UNBA, BCU cited access to the profession. Specifically, this involves a separate stage of digital professional testing, a single national testing center under the UNBA, an electronic candidate’s account, mandatory video and audio recording, as well as a legislative catalog of grounds for appeal.

In the area of continuing professional development, the working group is developing a legal framework to enshrine the relevant obligation in law, the institutional status of the Higher School of Advocacy, and the delegation of specific regulatory authority to the Bar Council of Ukraine.

Separately, the President of the UNBA, BCU focused on disciplinary procedures. According to her, the working group is developing a system for forming disciplinary bodies proportional to the number of advocates in the region. It is also proposed to stipulate that decisions of the disciplinary chambers of the Qualification and Disciplinary Bar Commission take effect after the expiration of a 30-day period for appeal to the Higher Qualification and Disciplinary Bar Commission and in the event of an appeal, after the HQDBC renders its decision. Current regulations create a situation where an advocate is effectively subject to a disciplinary decision even before its legality has been reviewed.

Regarding bar self-governing bodies, the working group’s approach is to first define the functions of each body and then establish the structural framework. It also involves the functional separation of representative, qualification-disciplinary, and audit bodies, as well as the introduction of the institution of regular and alternate members of elected bodies to ensure the continuity of their work, particularly in wartime.

Among other areas, she mentioned the annual publication of financial reports, the protection of the URAU, and liability for its unauthorized use.

In conclusion, the president of the UNBA, BCU noted that the bar association is working on a systemic solution rather than isolated proposals. The fundamental positions in this regard remain the preservation of the profession’s independence, no compromises regarding the institutional status of the bar, and the prevention of external integrity checks and state oversight of self-governance.