The path to ratification of the Convention must not end in yet another delay — L. Izovitova

Ukraine’s preparations for the ratification of the Council of Europe Convention on the Protection of the Professions of Lawyer have already passed key stages. Now, government institutions must submit the matter to the Verkhovna Rada for consideration. In doing so, Ukraine may complete the ratification process faster than EU member states.

This was discussed during the roundtable «The Council of Europe Convention on the Protection of the Professions of Lawyer: a future part of Ukrainian legislation», attended by members of parliament, representatives of European institutions and lawyers themselves. The discussion was moderated by the Vice President of the UNBA, BCU Valentin Gvozdiy, who represented Ukraine on the Committee of Experts on the Protection of Advocates, which drafted the international instrument.

At the start of the event, President of the UNBA, BCU Lidiya Izovitova asked participants to assess whether Ukraine is ready for ratification. She noted that the protection of the legal profession is not merely an internal matter for the advocacy community itself, since a person’s ability to access legal assistance depends on the professional safeguards afforded to advocates. After all, the right to a defense can only be meaningful when there are genuine guarantees for the advocate’s practice, their independence, attorney-client privilege and protection against pressure and unlawful interference.

L. Izovitova recalled that Ukraine had been directly involved in drafting the Convention, and the Ukrainian advocacy community had been working on its future implementation from the very beginning. On March 9 of this year, following a corresponding decision by the President, the document was signed on behalf of Ukraine by the Permanent Representative to the Council of Europe Mykola Tochitsky.

Preparations for ratification were accompanied by five special working meetings in the Verkhovna Rada Committee on Legal Policy, attended by representatives of parliament, the Office of the President, the Ministry of Justice, the Ministry of Foreign Affairs and the UNBA. These meetings addressed the translation of the Convention, necessary legislative amendments, timelines, responsible authorities, and the ratification mechanism. The Ministry of Justice, together with the UNBA, addressed existing discrepancies and proposed amendments to the legislation, while the Ministry of Foreign Affairs provided the official translation of the document.

According to the chairman of the UNBA, the next step for the state should be the ratification of the Convention. L. Izovitova urged that the progress already made not be allowed to end in another period of waiting.

V. Gvozdiy drew attention to Ukraine’s procedural ability to ratify the document before EU member states. The latter are awaiting a decision from the Union and a clarification of the division of authority between the EU and national bodies. «Not being a member of the European Union is currently a slight advantage for us. We can ratify this Convention slightly faster than EU member states, which must wait and do so in unison», - he explained. The Vice President of the UNBA, BCU noted the existence of a consensus on ratification and Ukraine’s aspiration to be among the first countries to complete this procedure.

The Convention establishes international guarantees for the independence of advocates, the preservation of professional secrecy, and protection against unlawful interference. For the Convention to enter into force, it must be ratified by at least eight states, including at least six member states of the Council of Europe. At the time of the roundtable, 34 states had signed the document, but none had yet ratified it.