BCU: The NACP has exceeded its authority in the draft Anti-Corruption Strategy

The UNBA carefully reviewed the relevant section of the draft and concluded that it violates the institutional guarantees of advocacy as an independent institution. According to the UNBA, the NACP has exceeded its authority and is effectively attempting to extend its functions to the Ukrainian legal profession.

It was emphasized at the meeting that lawyers in Ukraine do not fall under any of the categories of entities defined by the Law «On preventing corruption». It was also stressed that advocacy must operate independently — in accordance with the standards of the Convention for the Protection of the Profession of Lawyer.

However, in Section 2.3 of the draft, the NACP effectively equates advocacy and bodies of bar self-governance with state authorities and makes them subject to anti-corruption policy.

During the discussion of the issue, it was noted that the section covers five «problems» identified by the NACP and seven expected strategic outcomes. These relate to areas that the Constitution and the Law «On the advocacy and the practice of law» assign to the jurisdiction of bar self-governance. Specifically, this concerns the formation and functioning of bar self-governance bodies, terms of office, rotation, the electoral cycle, and voting formats. The draft also intervenes in the procedure for taking the qualifying exam and obtaining the right to practice law—including the introduction of a nationwide digital exam and integrity checks for candidates. Among other issues proposed for regulation are the system for professional development of advocates, disciplinary proceedings, the scope of disciplinary offenses, the list of penalties, and the appeal process. A separate section addresses the external audit of financial statements.

Council members noted that each of the proposed strategic outcomes is formulated as a requirement for legislative intervention. In the BCU’s assessment, taken together, this section lays the groundwork for transforming the independent advocacy association into an entity subject to regular influence by the NACP, which is categorically unacceptable to the legal profession.

It was also noted that the UNBA was not involved in drafting this section, which constitutes a violation of the consultation procedure with the legal community provided for by the Convention. And although this international instrument is not yet part of national legislation, it is a standard that the state must already take into account.

It was reported at the meeting that the UNBA has already appealed to the Prime Minister of Ukraine demanding the exclusion of the relevant section. Additionally, an appeal was sent to the Verkhovna Rada Commissioner for Human Rights requesting that the issue be taken under control, as oversight of advocacy could lead to a violation of the human right to defense, guaranteed by the Constitution. The issue has also been raised at the international level—a meeting was held with CCBE leadership in Vienna, during which it was established that no such model exists in any European country.

In conclusion, the BCU noted that advocacy supports the policy of combating corruption. At the same time, one cannot use the fight against corruption as a pretext to achieve other hidden agendas. The role of advocacy is to provide professional and appropriate institutional resistance to attempts to interfere with its independence.