New course by the European Council HELP Program «Prohibition of improper behavior» was launched in Ukraine
On October 4th 2019 in Kyiv at the premises of National Academy of Prosecutors of Ukraine there was held the first meeting within the framework of the European Council’s project «Strengthening of implementation of European standards of human rights in Ukraine on topic «Prohibition of improper behavior in law enforcement, safety and other compulsive contexts».
Launching of this course occurs for the mixed group of representatives of different legal professions-advocates, prosecutors, investigators of SBI, which will allow to study the most problematic questions of bad behavior comprehensively, to sum up the practice and to share their experience. It will be counted for further course development and adaptation fro Ukraine.
Among the most popular questions, the issues of fact of improper behavior qualification, guarantees against improper behavior, allowability of evidence, current judicial practice, international and national standards about improper behavior are considered. Together with participants of the event are discussed actions for increasing the effectiveness of investigations by the facts of improper behavior, and also methods for prevention and counteraction to this phenomenon.
This educational course was elaborate by the specialists of Council of Europe and for couple years had been accomplishing the educational mission for lawyers for all over Europe. The authors of Ukrainian adaptation of this course are Zoya Zagyney-Zabolotenko and Olga Podilchak.
The course will be launched on online platform of Council of Europe HELP, which is already well-known by Ukrainian lawyers. As well as other Council of Europe courses, this course provides systematized collection of information and materials, which give an opportunity to study this topic thoroughly. This course provides distance learning on this platform.
Popular news
Guarantees of the practice of law
Independent oversight is necessary before using CISA materials against an advocate – Lidiya Izovitova
Before the prosecution uses information obtained during covert investigative actions and related to an advocate’s activities, independent procedural oversight must be conducted. It is necessary to determine whether such information is covered by attorney-client privilege and whether it may be disclosed.
Self-government
Efforts to develop advocacy must be brought to fruition — A. Misyats
The Ukrainian advocacy profession is currently going through a critical phase. Amid the war, it must ensure the continuity of legal aid, defend the independence of the profession, and improve qualification and disciplinary procedures in accordance with European standards. The work that has been started must be brought to a practical conclusion.
Support
Protecting the legal profession, cybersecurity and support for advocates: common themes for the IBA and the UNBA
On September 18, a working meeting was held at the office of the Ukrainian National Bar Association with Executive Director of the International Bar Association (IBA) Mark Ellis. The parties discussed the Ukrainian advocacy profession’s participation in European legal processes, the protection of the UNBA’s digital infrastructure, psychological support for advocates and future areas of cooperation.
Educational events
Tax residency of Ukrainians abroad: what matters
The determination of tax residency for Ukrainians who have been living abroad for an extended period depends on the combination of their personal and economic ties to each country. The established status determines the procedure for reporting income, paying taxes and fulfilling CFC reporting obligations.
War
Are Europe's advocacy associations prepared for a potential war? V. Gvozdiy shared lessons from the Ukrainian experience
The continuity of the bar’s self-governance, the protection of professional registries and archives, as well as equal guarantees of employment for advocates, judges, and prosecutors must be enshrined in advance in legislation in the event of war or another emergency.
Legal defence of military personnel
Payments to military personnel require clear and uniform criteria — UNBA Committee
The vagueness of terms in subordinate regulatory acts leads to differing interpretations of the grounds for paying additional compensation to military personnel. The UNBA has proposed harmonizing these acts and establishing transparent criteria for the allocation of funds.
Discussion
Finding them isn't enough: issues surrounding the seizure and return of crypto assets
The technical structure of transactions does not automatically identify the person who controlled the crypto wallet, and courts have reached differing conclusions on whether a digital asset can be seized as physical evidence. So how can one prove ownership of such assets, enforce court orders, and return funds to victims?
Legislation
The UNBA will prepare guidelines on lawyers' requests
By the end of 2026, the UNBA Committee on the prevention of administrative offenses committed against advocates will develop guidelines on drafting advocate inquiries and responding to refusals to provide information. There are also plans to standardize the practice of applying Article 212-3 of the Code of Administrative Offenses.
Publications
Vasyl Kolishnyi, «Law and Business» Supporting mental health should become part of the professional culture of the Bar, - H. Udovenko
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