The draft law № 9055 won’t make the litigation either faster or more qualitative — people's deputies

People's deputies from different fractions criticize the draft law № 9055 »On the Bar and Advocacy" and urge the colleagues not to support it.
This was stated by Yurii Miroshnychenko, Leonid Yemets and Denys Sylantiev on the air of the TV channel "Rada".
"On this Day of the Bar, we must state that there is a huge danger to the bar and the role of advocate as a whole. Therefore, I hope colleagues will consider this argument and make the only possible decision. This issue should be resolved in such a way as to pass a law on a bar, which does not contain any tools for depriving an advocate of the opportunity to protect a citizen of Ukraine," — said Leonid Yemets. First of all, among the dangers of the draft law he defined the opportunity to bring the advocate to liability for abuse of procedural rights, as well as violation of the right of a person to counsel of free choice.
"Advocates are accused of using the disadvantages of legislation, but instead of correcting the shortcomings of the legislation, the Criminal Code, they decided to give the judge the right to rule over an advocate and tell him or her how to protect or not protect a person. This is the work of the advocate — to find these loopholes and use them, and the work of the legislator - to change the laws so that they work, to close the "hole" in the legislation, so that it does not have double interpretations," — said Leonid Yemets.
Yurii Miroshnychenko emphasized that the proposed law will not make litigation either faster or more qualitative. "What is valuable for us — a speed of trial or its quality? Protecting human rights and freedoms or closing a case? The task of the litigation is to find out the truth, but not to go quickly all the stages of the process. If we weaken such a powerful institute, which is the bar all over the world, we will lose both speed and quality. If there are good intentions to accelerate the process, this should be solved in another way," — said Yurii Miroshnychenko.
He emphasized that advocates are already put in discriminatory conditions in the confrontation with law enforcement agencies under the current law. «There is a whole system of public investigation, thousands of people, opportunities, coercion behind the prosecutor's office. And, on the opposite side, there is an advocate who got the right to obtain evidence but did not receive the toolkit. In these circumstances, blaming the advocate for using the possibilities provided by the law to protect the client from us, parliamentarians, would not be honest,» — said Yurii Miroshnychenko. He stated that the Opposition bloc's fraction does not support the draft law № 9055. "Today it's time to protect the advocates because tomorrow there will be no one to protect us from the tyranny of the dishonest representatives of the legal system," — the People's Deputy said.
People's Deputy Denys Sylantiev stressed that the draft law was not developed professionally and was not agreed with the bar community. "We see results when the initiative involves only a few people who have not studied the problem thoroughly. Therefore, we are constantly hurrying, because there is no time to do something good, and then have time to redo it," — said the deputy of the Radical party.
The full video of the "PROParliament" program on the TV channel "Rada" of December 19 can be viewed here.
Popular news

Guarantees of the practice of law
The process of signing the Convention on the protection of the profession of advocate was taken under control by t…
The Ministry of Justice sent the text of the translation of the Council of Europe Convention on the protection of the advocate to the Ministry of Foreign Affairs «for review and approval». The main legal authority also expressed its support for the Ministry of Foreign Affairs regarding the signing and ratification of this Convention.

Guarantees of the practice of law
Statement by the UNBA Committee on the «National Police investigation»
The media is spreading news that the National Police of Ukraine is allegedly investigating a criminal offense committed by the leadership of the Ukrainian National Bar Association.

Discussion
Without the protection of advocates, there will be no fair trials in Ukraine — forum in Odesa
Identifying an advocate with their client undermines the foundations of justice, as it deprives individuals of the opportunity to exercise their right to defense, forces advocates to avoid participating in high-profile cases, and ultimately renders procedural guarantees meaningless. Without this, fair trial is impossible.

Guarantees of the practice of law
The number of cases where advocates are identified with their clients is growing – UNBA report
Advocates are increasingly being held hostage to political processes, with them being equated with their clients. Such actions undermine the independence of the profession and create an atmosphere of intimidation, as a result of which Ukrainian citizens are deprived of their right to defense.

Legislation
What data is sufficient to initiate an investigation – UNBA comments on draft law No. 12439
The problem of law enforcement pressure on business remains one of the most acute for the Ukrainian economy. The lack of regulation of certain procedures in the Criminal Procedure Code leads to abuses, as a result of which entrepreneurs find themselves in a state of legal uncertainty.

Guarantees of the practice of law
Law on advocacy and the Council of Europe Convention: the UNBA assessed compliance (comparative table)
The Ukrainian National Bar Association has prepared and published a comparative table showing the extent to which Ukrainian legislation complies with the provisions of the Council of Europe Convention on the protection of the profession of advocate.

Guarantees of the practice of law
The Verkhovna Rada is waiting for the Minister of Justice to take action on signing the Convention on the protection of t…
Ukraine, which was directly involved in the preparation of the world's first Council of Europe Convention on the protection of the profession of advocate, has still not signed it. There appear to be no formal objections, but no real steps have been taken towards accession either.

Abroad
Australian advocate apologizes in court for fake AI quotes
In Australia, a royal advocate apologized to a judge for submitting documents in a criminal case against a teenager accused of murder that contained fabricated quotes and non-existent court decisions generated by artificial intelligence.
Publications

Censor.net Protecting advocates – protecting justice: addressing concerns about the new law

Ihor Kolesnykov A BRIEF SUMMARY REGARDING THE APPLICATION OF THE ORDER ON EXTENDED CONFISCATION IN LATVIA REGARDING FINANCIAL ASSETS OF…

Valentyn Gvozdiy WORKING IN A WAR ZONE

Lydia Izovitova Formula of perfection

Sergiy Vylkov Our judicial system is so built that courts do not trust advocates

Iryna Vasylyk Advocacy in the proclamation of Independence of Ukraine

Oleksandr DULSKY When we cross the border of the Supreme Anti-Corruption Court, we get into another department of the National Anti-Corruption…

Vadym Krasnyk The UNBA will work, and all obstacles and restrictions are only temporary inconveniences