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
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
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.
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.
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.
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.
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