A failed lobbying of the draft law No. 9055 has uncovered it as an attempt to receive the quota of the bar in HQCJ and HCJ

Advocacy
15:40 Sat 29.12.18 765 Reviews
Print

The draft law "On the Bar and Advocacy" No. 9055 loses the chances for parliamentary approval and is increasingly devoiding of the characteristics of a reformist, pro-European document.

This is written by Secretary of the Bar Council of Ukraine Pavlo Grechkivsky in a blog on LB.ua

"The status of an urgent legislative initiative did not help the accelerated adoption of the law. Blitzkrieg did not succeed because of the resistance of the bar community, which is quite noticeable, in spite of all the trying to replace or oppose the entire bar to individual legal parties tandem with public organizations and authorities, " - he stated.

In the last plenary days of the past year, the Parliament has not yet reached the consideration of a new version of the law "On the Bar and Advocacy". The draft law has been prepared for voting from the end of November, but this was prevented, in the first place, by its consideration by the National Agency on Corruption Prevention, and subsequently - the absence of the required 226 votes and, in general, discipline in the hall on the last working days of December.

"This is good not only for the opponents of the draft law but also for its supporters since the situation allows them to avoid the dangerous label of a lobbyist of the corruption-friendly draft law," - said Pavlo Grechkivsky.

Instead, within 4 months of its submission to the Parliament, "the draft law lost its reformist European elegance after the failed collateral arrangements and devastating people’s deputies' statements (such as Tetiana Chornovil). This legislative initiative is not about the adaptation of European standards and practices, although there are the names of two Council of Europe experts included in the history of its creation."

"The new version of the law on the bar is a blunt instrument of primitive political or career struggle for leading positions of the bar self-government, for the right to accept thousands of lawyers to the bar, and the right to determine without the Congress of Advocates to whom to give quotas to the HQCJ and the High Council of Justice. The most active supporters of the draft comprise a short list of newly elected heads of regional chambers of the bar, regional bar councils, the Higher Qualification and Higher Disciplinary Bar Commissions and other bodies. The closer the Congress of Advocates on the election of representatives to the supreme bodies of the judiciary, the more obvious becomes the true scenario of future changes, envisaged by draft law No. 9055. Some officials, in order to "resign" successfully, decided to establish control over the bar, apply to the HCJ, and even lead this body. After all, the bar's quota is a constant, it does not depend on the results of the election, in contrast with the changing fate of the representatives of the HCJ from the parliament and appointed by the President. This "reformatory" scenario is not implemented with honest methods. Searches in the premises of a bar council of a western region, the suspicions presented to several advocates working in self-government - this is not an accident and no merit of law enforcement, but organized provocations to defame the existing bar," - writes Pavlo Grechkivsky.

The BCU Secretary urges the supporters of the draft law to wait till the Congress of Advocates of Ukraine.

Popular news

The UNBA presented the key provisions of the future law on advocacy in Brussels

Rule of Law Roadmap

The UNBA presented the key provisions of the future law on advocacy in Brussels

The Ukrainian National Bar Association presented its proposals for the upcoming law on advocacy, aligned with the Rule of Law Roadmap. The presentation covered topics such as access to the profession, self-governance, disciplinary procedures, professional development and guarantees for the practice of advocacy.

20:36 Thu 01.10.26 102
Independent oversight is necessary before using CISA materials against an advocate – Lidiya Izovitova

Guarantees of the practice of law

Independent oversight is necessary before using CISA materials against an advocate – Lidiya Izovitova

Before the prosecution uses information obtained during covert investigative actions and related to an advocate’s activities, independent procedural oversight must be conducted. It is necessary to determine whether such information is covered by attorney-client privilege and whether it may be disclosed.

15:47 Fri 25.09.26 142
Efforts to develop advocacy must be brought to fruition — A. Misyats

Self-government

Efforts to develop advocacy must be brought to fruition — A. Misyats

The Ukrainian advocacy profession is currently going through a critical phase. Amid the war, it must ensure the continuity of legal aid, defend the independence of the profession, and improve qualification and disciplinary procedures in accordance with European standards. The work that has been started must be brought to a practical conclusion.

20:32 Fri 18.09.26 133
Protecting the legal profession, cybersecurity and support for advocates: common themes for the IBA and the UNBA

Support

Protecting the legal profession, cybersecurity and support for advocates: common themes for the IBA and the UNBA

On September 18, a working meeting was held at the office of the Ukrainian National Bar Association with Executive Director of the International Bar Association (IBA) Mark Ellis. The parties discussed the Ukrainian advocacy profession’s participation in European legal processes, the protection of the UNBA’s digital infrastructure, psychological support for advocates and future areas of cooperation.

19:46 Fri 18.09.26 177
Tax residency of Ukrainians abroad: what matters

Educational events

Tax residency of Ukrainians abroad: what matters

The determination of tax residency for Ukrainians who have been living abroad for an extended period depends on the combination of their personal and economic ties to each country. The established status determines the procedure for reporting income, paying taxes and fulfilling CFC reporting obligations.

18:19 Thu 17.09.26 167
Are Europe's advocacy associations prepared for a potential war? V. Gvozdiy shared lessons from the Ukrainian experience

War

Are Europe's advocacy associations prepared for a potential war? V. Gvozdiy shared lessons from the Ukrainian experience

The continuity of the bar’s self-governance, the protection of professional registries and archives, as well as equal guarantees of employment for advocates, judges, and prosecutors must be enshrined in advance in legislation in the event of war or another emergency.

9:42 Mon 14.09.26 226
What should an advocate do after discovering a «bugging device»?

Discussion

What should an advocate do after discovering a «bugging device»?

From a professional standpoint, the discovery of a device that may be covertly collecting information raises a number of practical questions: how to document the find, whom to notify of the incident and how to prevent further disclosure of attorney-client privilege.

11:26 Thu 10.09.26 104
Payments to military personnel require clear and uniform criteria — UNBA Committee

Legal defence of military personnel

Payments to military personnel require clear and uniform criteria — UNBA Committee

The vagueness of terms in subordinate regulatory acts leads to differing interpretations of the grounds for paying additional compensation to military personnel. The UNBA has proposed harmonizing these acts and establishing transparent criteria for the allocation of funds.

16:45 Wed 09.09.26 142

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

Оберіть файл