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
Self-government
BCU: NACP initiatives regarding advocacy are unconstitutional interference
The Bar Council of Ukraine has condemned the initiatives to reform the advocacy proposed by the National Agency for Corruption Prevention as direct, gross, and systematic interference by the executive branch in the activities of an independent constitutional institution.
Self-government
UNBA program for implementation of the Roadmap on the rule of law published
In order to ensure the implementation of measures set out in the Roadmap on the Rule of Law, the Bar Council of Ukraine approved a program for its implementation in relation to the reform of advocacy.
URAU
Access to advocate contacts in URAU has been restored
The Bar Council of Ukraine has opened up public access to data from the Unified Register of Advocates of Ukraine, which was closed at the start of the full-scale invasion in 2022. The decision was made at a meeting on December 12–13.
Self-government
Members of the QDCB are not required to submit declarations - BCU
Bar Council of Ukraine examined the legal status of members of bar self-government bodies and found that they are not required to submit declarations of persons authorized to perform functions of state or local self-government.
Self-government
BCU has identified 12 areas for implementing the Roadmap for advocacy
During its meeting on December 12, the Bar Council of Ukraine considered the Roadmap on the Rule of Law, approved by Order of the Cabinet of Ministers of Ukraine No. 475-r dated May 14, 2025. The document provides for the development and adoption of a draft law on improving the legal regulation of advocacy by the fourth quarter of 2026.
Guarantees of the practice of law
The Ombudsman acknowledged the problem of violation of the human right to legal aid in the TCC
The Verkhovna Rada Commissioner for human rights Dmytro Lubinets confirmed the existence of a problem with ensuring the constitutional right to professional legal assistance in territorial recruitment and social support centers.
Guarantees of the practice of law
The agreement on the provision of legal assistance is not public – BCU
Bar Council of Ukraine in its decision No. 111 dated October 18, 2025, responded to questions regarding the possibility of concluding legal assistance agreements by accepting a public offer, using an electronic form of the agreement, and posting information about legal assistance on websites.
Discussion
Why preventive measures have turned into preventive punishment in Ukraine: round table discussion
The European approach, enshrined in the CPC, provides for detention as an exceptional preventive measure: courts must prove the impossibility of milder alternatives and carefully assess the risks. In practice, however, it is increasingly being applied almost automatically, eroding standards of freedom.
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