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

Advocacy
14:43 Mon 30.09.19 611 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

Valentin Gvozdiy: Ukraine’s ratification of the Convention for the Protection of the Profession of Lawyer – is a matter with concrete implications

Guarantees of the practice of law

Valentin Gvozdiy: Ukraine’s ratification of the Convention for the Protection of the Profession of Lawyer – is a matter…

Exactly one year ago, on May 13, 2025, in Luxembourg, during the 134th session of the Committee of Ministers of the Council of Europe, the Convention for the Protection of the Profession of Lawyer was opened for signature. Today, the Verkhovna Rada Committee on legal policy held a working meeting to prepare for its ratification. Between these two dates lies a year, during which (on March 9) Ukraine became the 28th signatory state. We spoke about this new phase with the Vice President of the UNBA, BCU Valentin Gvozdiy, who was personally involved in the preparation of this international instrument.

19:23 Wed 13.05.26 108
Mental health, archives and cybersecurity: The UNBA and the IBA reviewed the progress of joint projects

Support

Mental health, archives and cybersecurity: The UNBA and the IBA reviewed the progress of joint projects

The Ukrainian National Bar Association and the International Bar Association (IBA) reviewed the progress of joint projects that are of practical importance in the context of the war: supporting the mental health of advocates, digitizing archives, and strengthening the cybersecurity of the legal infrastructure.

18:27 Fri 08.05.26 134
The UNBA is developing a model for reforming the legal profession

Rule of Law Roadmap

The UNBA is developing a model for reforming the legal profession

The reform of the advocacy profession is part of the negotiation process regarding Ukraine’s accession to the European Union, and the Rule of Law Roadmap explicitly identifies the Ukrainian National Bar Association as one of the key stakeholders in the process.

16:21 Fri 01.05.26 184
Missing in action: advocates explain the procedure to the families of servicemembers

Legal defence of military personnel

Missing in action: advocates explain the procedure to the families of servicemembers

As part of the «Advocate+» pilot project, advocates continue to work with military personnel in the brigades, helping to resolve practical legal issues — ranging from social benefits and payments to undergoing medical examinations and processing paperwork.

17:13 Wed 29.04.26 130
Police to investigate the NACP's attempts to reform advocacy

Guarantees of the practice of law

Police to investigate the NACP's attempts to reform advocacy

The Office of the Prosecutor General has opened a criminal investigation into alleged abuse of power by employees of the National Agency for Corruption Prevention.

13:32 Wed 29.04.26 178
Advocates and patent attorneys combine their expertise in the field of intellectual property

Interaction

Advocates and patent attorneys combine their expertise in the field of intellectual property

Joint legislative proposals, expert opinions on regulatory changes and professional discussions on key issues in the field of intellectual property will form the basis of cooperation between the Ukrainian National Bar Association and the National Association of Patent Attorneys of Ukraine.

15:57 Tue 28.04.26 158
The UNBA and the Council of Judges of Ukraine are expanding their professional dialogue

Interaction

The UNBA and the Council of Judges of Ukraine are expanding their professional dialogue

On April 24, a working meeting was held between the President of the UNBA, BCU Lidiya Izovitova and the Chairman of the Council of Judges of Ukraine Vitaliy Salikhov. Topics discussed included formats for cooperation between bar and judicial self-governing bodies, the development of joint ethical standards, and the formation of a Selection Committee for the recruitment of members of the High Council of Justice.

12:34 Mon 27.04.26 175
The model for legal assistance to veterans was discussed at the UNBA

Legal defence of military personnel

The model for legal assistance to veterans was discussed at the UNBA

A working meeting was held at the Ukrainian National Bar Association, during which representatives of the advocacy profession, the Ministry of Veterans Affairs of Ukraine and a foreign expert discussed approaches to providing legal aid to veterans, the role of the advocacy profession in this system, and the experience of other countries.

18:07 Mon 20.04.26 238

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

Оберіть файл