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

Advocacy
14:30 Thu 20.12.18 417 Reviews
Print

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

A translation of the report on advocacy presented to the European Parliament has been published

European integration

A translation of the report on advocacy presented to the European Parliament has been published

A translation of a research report on the Ukrainian advocacy profession in wartime, previously presented to the European Parliament in Brussels, has been published. The document is presented as a basis for discussion on the rule of law, Ukraine's European integration aspirations, and countering Russian disinformation in the legal sphere.

16:54 Mon 23.02.26 124
How to formalize discharge from military service: practical workshop

Legal defence of military personnel

How to formalize discharge from military service: practical workshop

The issue of discharge from military service remains one of the most pressing and complex for Ukrainian defenders and their families. Due to constant changes in legislation, military personnel often face refusals to discharge them from service or even to consider their reports.

14:51 Mon 23.02.26 103
The Verkhovna Rada Committee criticized the format of the government working group on advocacy

Legislation

The Verkhovna Rada Committee criticized the format of the government working group on advocacy

The implementation of the Roadmap on the rule of law (approved by Cabinet of Ministers Resolution No. 475-r of May 14, 2025) in relation to advocacy raises the practical question of who exactly should prepare legislative changes and how.

17:48 Fri 20.02.26 130
The BCU demands a review of the composition of the government working group on reforming the advocacy profession

Self-government

The BCU demands a review of the composition of the government working group on reforming the advocacy profession

The President of the UNBA, BCU Lidiya Izovitova, appealed to the Cabinet of Ministers of Ukraine to review the composition of the working group on improving legislation in the field of advocacy and legal practice.

18:42 Thu 19.02.26 156
The President has determined, who will sign the Convention for the Protection of the Profession of Lawyer

Guarantees of the practice of law

The President has determined, who will sign the Convention for the Protection of the Profession of Lawyer

President of Ukraine Volodymyr Zelenskyy authorized Ukraine's Permanent Representative to the Council of Europe Mykola Tochytskyi to sign the Council of Europe Convention for the Protection of the Profession of Lawyer.

18:21 Wed 18.02.26 118
Why lowering the age of marriage lacks legal logic

Discussion

Why lowering the age of marriage lacks legal logic

Although until 2012 there was a provision in family law that allowed children to marry from the age of 14 under certain circumstances, its return to Ukrainian law would contradict international obligations and the logic of criminal law.

15:03 Wed 11.02.26 414
Open dialogue between the UNBA and the European Commission on the path to EU

European integration

Open dialogue between the UNBA and the European Commission on the path to EU

The Ukrainian National Bar Association held a working meeting in Brussels with Mr Wolfgang Nozar, Head of Unit for Governance, Rule of Law and Financial Assistance, Directorate-General for Enlargement and Eastern Neighbourhood (DG ENEST), European Commission.

18:41 Fri 06.02.26 160
A report on Ukrainian advocacy was presented in the European Parliament

Self-government

A report on Ukrainian advocacy was presented in the European Parliament

Can a shadow report on advocacy replace the political framework of the Roadmap on the rule of law with demands for the restructuring of self-government? Where is the line between accountability and the seizure of institutions? And how can we respond to narratives with data rather than impressions?

15:28 Fri 06.02.26 392

Надішліть файл із текстом публікації у форматі *.doc, фотографію за тематикою у розмірі 640х400 та Ваше фото.

Оберіть файл