Draft law No. 1008 can not be adopted without the conclusion of Venetian Commission - BCU
Draft law No.1008 «On making changes in some Ukrainian laws about self-governing judicial bodies» can not be adopted without the conclusion of European Commission «To democracy through the law», as consider Ukrainian advocates.
That is why Bar Council of Ukraine has appealed to the subjects of the appeal to Venetian Commission, particularly to PACE, European Council and SSBE, with the letter about the need of sending the draft law No.1008 to the european expertise.
This appeal was posted on the website of National Association of Advocates of Ukraine.
In this document is mentioned, that by consolidating european and euro atlantic course on the Constitutional level, Ukraine has committed to implement reforms, including judicial one, in correspondence to european principles as stability and effectiveness of democratic institutions, the rule of law and respect to human rights and fundamental freedoms.
Thus, since 2014, according to the Agreement between Ukraine and EU, recommendations of European Council, PACE and according to the evaluation of Venetian Commission, Ukraine has adopted the legislation, including constitutional changes in the part of justice and law «On judiciary and statutes of judges», «On Higher Council of Justice». Therefore, further changes in judicial bodies are impossible without expert evaluation of these international institutions, emphasize in BCU.
«Conclusions and recommendations of Venetian Commission on constitutional law’s questions is a certain standard, according to which relevance of legal basis of the state’s government to european standards of democracy, protection of human rights and the rule of law is evaluated»-says in the appeal. Висновки й рекомендації Венеціанської Комісії з конституційно-правових питань є певним
Other than that, advocates’ community emphasizes, that accelerated process of making changes to the legislation gives serious challenges to the abidance of constitutional country’s principles and threats the decrease of already achieved level of European Council’s standards in the area of justice.
«Official position EU representatives in Ukraine and Embassy of Canada in Ukraine about the draft law No.1008 on self-governing judicial bodies and the draft law No.1032 on the reformation of prosecution bodies, which was published on September 11th 2019, already signalize about that. Particularly, key international partners have noted, that there are «risks, that unreasoned steps in changing the current legislation, which is regulating judiciary, advocacy, prosecutors, question Ukraine’s reliability as a partner in key european institutions». In this document is shown the need to «start thorough consultative process on earlier mentioned draft laws and invite relevant experts in law, civil society and international community»,-says in the appeal.
We remind, that earlier in the appeal to the Parliament and President of Ukraine BCU called to revise the draft law No.1008 with consideration of lawyers’ community position.
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.
Legal defence of military personnel
Representatives from the Ministry of Veterans Affairs and the UNBA discussed veterans' access to justice
On April 3, a working meeting was held at the Ministry of Veterans Affairs of Ukraine with representatives of the Ukrainian National Bar Association, dedicated to improving the effectiveness of legal protection for war veterans and their families.
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.
Discussion
Advocates barred from visiting clients in Temporary detention facility: discussion at the UNBA
The right to legal representation in the first hours following arrest is often rendered meaningless when advocates are denied access to their clients in temporary detention facilities due to bureaucratic barriers, requests for documents not required by the Code of Criminal Procedure, and the practice of detaining people there under the pretext of «security measures».
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