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

Guarantees of the practice of law
The process of signing the Convention on the protection of the profession of advocate was taken under control by t…
The Ministry of Justice sent the text of the translation of the Council of Europe Convention on the protection of the advocate to the Ministry of Foreign Affairs «for review and approval». The main legal authority also expressed its support for the Ministry of Foreign Affairs regarding the signing and ratification of this Convention.

Discussion
Without the protection of advocates, there will be no fair trials in Ukraine — forum in Odesa
Identifying an advocate with their client undermines the foundations of justice, as it deprives individuals of the opportunity to exercise their right to defense, forces advocates to avoid participating in high-profile cases, and ultimately renders procedural guarantees meaningless. Without this, fair trial is impossible.

Guarantees of the practice of law
The number of cases where advocates are identified with their clients is growing – UNBA report
Advocates are increasingly being held hostage to political processes, with them being equated with their clients. Such actions undermine the independence of the profession and create an atmosphere of intimidation, as a result of which Ukrainian citizens are deprived of their right to defense.

Legislation
What data is sufficient to initiate an investigation – UNBA comments on draft law No. 12439
The problem of law enforcement pressure on business remains one of the most acute for the Ukrainian economy. The lack of regulation of certain procedures in the Criminal Procedure Code leads to abuses, as a result of which entrepreneurs find themselves in a state of legal uncertainty.

Guarantees of the practice of law
Law on advocacy and the Council of Europe Convention: the UNBA assessed compliance (comparative table)
The Ukrainian National Bar Association has prepared and published a comparative table showing the extent to which Ukrainian legislation complies with the provisions of the Council of Europe Convention on the protection of the profession of advocate.

Guarantees of the practice of law
The Verkhovna Rada is waiting for the Minister of Justice to take action on signing the Convention on the protection of t…
Ukraine, which was directly involved in the preparation of the world's first Council of Europe Convention on the protection of the profession of advocate, has still not signed it. There appear to be no formal objections, but no real steps have been taken towards accession either.

Abroad
Australian advocate apologizes in court for fake AI quotes
In Australia, a royal advocate apologized to a judge for submitting documents in a criminal case against a teenager accused of murder that contained fabricated quotes and non-existent court decisions generated by artificial intelligence.

Legislation
Support for the defense industry should not upset local budgets, - UNBA
It is necessary to create additional incentives for enterprises in the defense and industrial complex, while ensuring the balance of the budget system and the predictability of both revenues and expenditures of local self-government.
Publications

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

Iryna Vasylyk Advocacy in the proclamation of Independence of Ukraine

Oleksandr DULSKY When we cross the border of the Supreme Anti-Corruption Court, we get into another department of the National Anti-Corruption…

Vadym Krasnyk The UNBA will work, and all obstacles and restrictions are only temporary inconveniences