BCU calls the Parliament to send the draft law №1008 for the revision
Bar Council of Ukraine called people’s deputies to revise the draft law No.1008 «On making amendments to some laws of Ukraine about the practice of self-governing judicial bodies» considering the position of the legal community.
The decision of BCU to appeal to Verkhovna Rada, President of Ukraine and international organizations was made during the meeting in Odessa on September 21st.
The appeal is saying, that the draft law carries risks of the backdown from already achieved level of european standards in the ares on human rights.
«Unfortunately, nowadays we see, that an accelerated process of making changes in the legislation takes place, which carries serious challenges to the abidance of the principles of the constitutional state and threats with the decrease of already achieved level of European Council’s standards in the area of justice. Official position of EU agency in Ukraine and Embassy of Canada in Ukraine about the draft law No.1008 about self-governing judicial bodies and the draft law No.1032 on the reform of prosecution bodies, which was shared on September 11th, already signalizes about that. In particular, key international partners noted, that there are «risks, that unadvised steps into change of the current government, which regulate the activity of judiciary, advocacy, prosecution bodies question the reliability of Ukraine as a partner in key european institutions». In this document specified the need «to start a thorough advisory process of earlier mentioned draft laws and invite relevant legal experts to it, civil society and international community». Draft law No.1008 was adopted in the first reading without appropriate consultation with professional legal community. This contradicts international standards and, foremost, the Main Principles of United Nations on the role of lawyers, which provide the involvement of professional advocates organization in the development of the profile legislation»,-is written in the appeal of BCU.
BCU also insists on the appeal to Venice Commission to be required during the passage of the draft law No.1008.
You can read the whole text of the appeal here
Popular news
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.
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.
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.
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.
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.
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.
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.
Rule of Law Roadmap
Access to the profession: the subgroup focused on internships and practical training
The Ukrainian National Bar Association hosted a regular meeting of the subgroup «Access to the profession and training of advocates. Organizational forms of legal practice» of the Working Group on the Implementation of the Rule of Law Roadmap regarding the reform of advocacy.
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
