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
Discussion
Urban Planning Code: what should the new rules for rebuilding Ukraine be?
Does Ukraine need separate codification in the field of urban planning, which model of law to choose, and how to ensure a balance between the interests of the state, communities, businesses, and citizens in the context of post-war reconstruction?
Guarantees of the practice of law
The Verkhovna Rada took another step towards ratifying the Convention on the protection of the profession of advocate
On November 5, the Verkhovna Rada held a working meeting dedicated to the translation of the Council of Europe Convention on the protection of the profession of advocate for its subsequent signing and ratification. The issue was initiated by the Ministry of Foreign Affairs, which drew attention to the key term «lawyer» in the international treaty.
Interaction
NACB is looking for corruption risks in its activities. Advocates are asked to help
The National Anti-Corruption Bureau of Ukraine has launched a survey aimed at gathering information to identify corruption risks in the activities of the National Bureau and prepare an Anti-Corruption Program for 2026–2028.
Interaction
Agreement on the provision of lobbying services: a template for advocates has been developed by the UNBA
The Ukrainian National Bar Association has prepared a model agreement for the provision of lobbying services that complies with the requirements of the relevant law and takes into account the specific features of such activities carried out by persons providing legal assistance.
Greetings
Nana Bakayanova awarded with the Certificate of honor of the Verkhovna Rada of Ukraine
Nana Bakayanova, head of the Department of judicial, law enforcement and advocacy organizations at the Odessa Law Academy and secretary of the disciplinary chamber of the Odessa Region Qualification and Disciplinary Commission, received a Certificate of honor from the Verkhovna Rada of Ukraine.
Discussion
Law and feelings: advocates explore contemporary challenges in family law
Marriage and divorce are not only legal procedures, but also social phenomena that require a responsible approach. The UNBA Committee on family law organized and held a professional discussion on the topic «Conscious» marriage and «prudent» divorce: challenges, risks, consequences».
Practice of law
BCU strengthens its position on the right of advocate to prioritize cases
In legal practice, it is not uncommon for court hearings in different cases to be scheduled at the same time. This raises the question: which case should the advocate attend first, and can the court interfere with this decision?
Edition
Advocate or lobbyist? The UNBA has presented a guide to distinguishing between the professions
The Ukrainian National Bar Association has prepared a guide that helps distinguish between the legal status of an advocate and a lobbyist, explains the limits of permissible activities for each, and prevents possible violations of ethical and legal standards when participating in public policy-making.
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