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
Rule of Law Roadmap
Reform without data and advocacy: what the Ministry of Justice’s launch has revealed
The Ministry of Justice hosted the first meeting of the working group on bar reform. But instead of professional preparation of legislative changes, we saw exactly what Armada Network Director Dale Armstrong had spoken about the day before in Kyiv: not reform, but a struggle for control over the agenda through a narrow circle of “stakeholders” who create an echo chamber of influence for themselves.
Rule of Law Roadmap
Advocacy, European integration and the limits of intervention: an American report presented in Kyiv
Following its presentation in Brussels, the report «The Ukrainian advocacy in the context of the rule of law and European integration» made its way to Kyiv. It highlighted critical issues both in understanding the very nature of the self-governing profession and in the emergence of a «shadow market» surrounding the Ukrainian advocacy.
Rule of Law Roadmap
Organization of advocacy: subgroup agrees on approaches to regulatory reform
On March 13, a meeting was held of the «Organization of the advocacy and self-government» subgroup of the Working Group on the implementation of the Rule of Law Roadmap regarding bar reform. The event was conducted via videoconference.
Guarantees of the practice of law
Ukraine has signed the Convention for the Protection of the Profession of Lawyer
Today, on 9 March, Ukraine's Permanent Representative to the Council of Europe Mykola Tochytskyi signed the Council of Europe Convention for the Protection of the Profession of Lawyer. This makes our country the 28th to sign this important international treaty.
European integration
«Freedom or security» — a false formula: speech by L. Izovitova at the conference of bar presidents
Is the state protecting society from crime today, or is it gradually destroying the rule of law under the guise of this fight? These alarming trends were outlined by the President of the UNBA, BCU Lidiya Izovitova, during her speech at the 54th European Conference of bar presidents.
Discussion
AI in advocacy and justice: ethics, regulation, limits of application
The Ukrainian National Bar Association held a roundtable discussion entitled «Artificial Intelligence in the цork of advocates: ethics, responsibility, legal process engineering». Participants discussed how artificial intelligence systems are already being used in the professional activities of advocates and where the ethical boundaries of what is permissible lie.
European integration
Researchers from the USA explain how shadow reports became a grant service
Shadow reporting often becomes a tool for the grant economy and competition for influence on policy. Such «expertise» replaces impartial analysis with the delegitimization of bar self-government, masks conflicts of interest, and is used as a channel for external pressure on the institution.
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.
Publications
Volodymyr Matsko Extradition during wartime: when the risks outweigh the request
Volodymyr Matsko Extradition as a systemic form of rights violations
Victoria Yakusha, Law and Business The anti-corruption vertical cannot «take care» of the Bar as an institution, - acting head of the HQDCB
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