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 29.12.18 684 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

Advocates have warned that the draft Labor Code would curtail workers' protections

Legislation

Advocates have warned that the draft Labor Code would curtail workers' protections

Certain provisions of the draft Labor Code of Ukraine regarding collective labor disputes undermine labor protections and do not comply with constitutional and international standards.

11:47 Thu 09.04.26 166
The right of minors to marry: how judicial oversight works

Educational events

The right of minors to marry: how judicial oversight works

The issue of granting minors the right to marry lies at the intersection of family law, child protection, and judicial discretion. The UNBA Committee on family law dedicated a webinar held on March 30 to this very topic.

11:28 Tue 07.04.26 135
The UNBA and the Coordination headquarters have agreed to cooperate in assisting those released from captivity

Interaction

The UNBA and the Coordination headquarters have agreed to cooperate in assisting those released from captivity

Servicemen released from captivity, family members of prisoners of war, civilians deprived of their personal liberty as a result of armed aggression, as well as persons missing in connection with the war, will gain additional opportunities to access legal assistance and protect their rights.

19:14 Mon 06.04.26 110
BCU: The HCJ’s decisions undermine the constitutional guarantees of the independence of the advocacy profession

Self-government

BCU: The HCJ’s decisions undermine the constitutional guarantees of the independence of the advocacy profession

The Bar Council of Ukraine has concluded that, in its recent decisions, the High Council of Justice has, without legal grounds, called into question the right of bar self-governing bodies to protect the guarantees of legal practice and has, in effect, attempted to grant one of its members — who retains the status of an advocate — special immunity from the Rules of professional conduct and disciplinary responsibility.

14:56 Thu 02.04.26 140
The Bar Council of Ukraine begins its meeting

Announcements

The Bar Council of Ukraine begins its meeting

Today, April 2, a meeting of the Bar Council of Ukraine is taking place in Kyiv. On the agenda are issues related to the activities of bar self-governing bodies, consideration of a decision by the High Council of Justice, a number of appeals, as well as a discussion of the current state and pressing issues regarding the functioning of the legal aid system.

12:48 Thu 02.04.26 111
The UNBA and the National Guard have agreed to cooperate on legal protection for military personnel

Interaction

The UNBA and the National Guard have agreed to cooperate on legal protection for military personnel

Servicemembers of the National Guard, their family members, and veterans are to receive additional legal tools to protect their rights, while the National Guard’s legal services will receive methodological and expert support.

12:49 Mon 30.03.26 127
Protecting the rights of service members: The UNBA and the Military Ombudsman have agreed on cooperation

Interaction

Protecting the rights of service members: The UNBA and the Military Ombudsman have agreed on cooperation

Servicemembers, reservists, conscripts during training exercises, members of local community volunteer units, and other individuals covered by the Law «On the Military Ombudsman» should have better access to professional legal assistance.

9:59 Fri 27.03.26 202
New Labor Code: advocates highlight the strengths and risks of the draft

Discussion

New Labor Code: advocates highlight the strengths and risks of the draft

The draft Labor Code contains a number of progressive provisions aimed at modernizing labor legislation: digitizing procedures, expanding forms of employment, and increasing transparency in wage payments. At the same time, certain systemic issues require further refinement.

11:41 Tue 24.03.26 143

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

Оберіть файл