Draft law No. 1008 can not be adopted without the conclusion of Venetian Commission - BCU

Advocacy
14:43 Mon 30.09.19 975 Reviews
Print

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

Proceedings against military personnel following AWOL require clear deadlines — UNBA

Legislation

Proceedings against military personnel following AWOL require clear deadlines — UNBA

A soldier’s return to duty after AWOL does not necessarily mean the end of criminal proceedings. To ensure that the case does not remain at the pretrial investigation stage, a clear procedure for the investigator and prosecutor is required.

19:04 Fri 16.10.26 157
The UNBA warned of the risk of customs barriers for Ukrainian paper and furniture

Legislation

The UNBA warned of the risk of customs barriers for Ukrainian paper and furniture

Ukraine’s anti-deforestation rules are intended to preserve export access to the EU market. However, without paper and furniture on the list of goods, without effective sanctions, and with enforcement beginning only in 2030, these rules could hinder that goal.

11:12 Fri 16.10.26 113
Fines for loud exhaust — based on a standardized measurement method — UNBA

Legislation

Fines for loud exhaust — based on a standardized measurement method — UNBA

Measures to combat intentionally loud exhaust noises are justified, especially during wartime. However, as long as the law does not specify which noise standard to apply or how to measure it on the road, this new liability can be neither fair nor effective.

13:53 Thu 15.10.26 106
Guarantees for advocacy without protective measures: proposed changes to the codes

Guarantees of the practice of law

Guarantees for advocacy without protective measures: proposed changes to the codes

The current law sets forth the rights and guarantees of the legal profession, but lacks the tools to protect them. The future law on advocacy is intended to fill this gap through amendments to criminal, administrative and procedural legislation.

19:41 Tue 13.10.26 157
Living abroad doesn't sever your ties with Ukraine: what you should check

Abroad

Living abroad doesn't sever your ties with Ukraine: what you should check

Moving to another country and even long-term residence abroad does not automatically sever an individual’s legal ties to Ukraine. Tax residency, sole proprietorship status, foreign income, enforcement proceedings, and military registration remain relevant even after relocation.

18:13 Tue 13.10.26 108
Exceptions to the state prosecutor's representation in court must be consistent with the CCU's decision

Legislation

Exceptions to the state prosecutor's representation in court must be consistent with the CCU's decision

To prevent the provisions of Article 23 of the Law «On the prosecutor’s office» from being declared unconstitutional again, the proposed amendments contained in the government’s draft law should be clarified.

14:32 Fri 09.10.26 107
How can an advocate defend a client whose data is processed by the Interpol system?

Educational events

How can an advocate defend a client whose data is processed by the Interpol system?

The absence of a last name on the Interpol website does not necessarily mean that no one is looking for that person. How can you find out exactly what information police databases in 196 countries hold about a client, and does the removal of a record mean that the problems are behind you?

16:27 Thu 08.10.26 109
A bill implementing the Convention on the Protection of the Professions of Lawyer has been introduced

Legislation

A bill implementing the Convention on the Protection of the Professions of Lawyer has been introduced

The constitutional guarantees of legal aid, defense, and the independence of advocacy cannot be realized without protecting advocates from unwarranted interference in their professional activities, including searches, the seizure of professional materials and the use of criminal procedural mechanisms to exert pressure.

14:08 Mon 05.10.26 278

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

Оберіть файл