UNBA demands from Mykola Onischuk to refute biased evaluations of the Bar’s role in reforming the profile legislation
UNBA appealed with the demand to refute public comments on the advocacy made by Mykola Onischuk, who is now heading the Working Group on issues of developing legislation and organization of judicial power within the Commission on issues of legal reform.
The reason for that was the broadcast on October 9th 2019 on “Pravo TV” channel “President will remake the law on the bar: what will change for the advocates’ self-government”. In this video Onischuk has told about the need to make changes to the new version of the law of Ukraine “On the Bar and Practice of Law".
With that, he has said biased and harmful critiques on the current situation in advocacy, which are not true and cannot be acceptable for the politician, who is authorized to develop legislative initiatives for the President
«Dogmaticity of provided evaluations on advocacy surprises, because he is not an advocate and has never had an experience of working in the advocacy. Your comments on the reason, why the draft law №9055 wasn’t passed, show not only You not understanding principles of advocacy’s organization as a municipal institute and its constitutional role, but also not knowing countless threats on the advocacy’s independence in this», - says in the UNBA’s letter. It was also mentioned, that Mr.Onischuk was present during created by Presidential Decree of P.Poroschenko on issues of judicial reform, when its coordinator A.Filatov tried to silence the protests of the advocacy and push the draft law №9055 at any price.
«In such a context it wasn’t expectable Your statement about “the existence of corporative arguments’, which as were preventing the draft law №9055 to be passed. It is obvious, that such a position was formed by the experience of working as a member of Constitutional Commission at the Presidential Office of Petro Poroshenko and Your participation in the Council on issues of judicial reform. Which was coordinated by the head deputy of the administration of President Petro Poroshenko A.Filatov, who secretly developed and accepted scandalous draft law №9055. However, your comments make absurd and threatening thesis, that the UNBA was making obstacles on the way to increase the level of advocates’ protection and their status overall », - says in the letter.
UNBA interpreted such comments as a threat to the reputation of advocacy and as an attempt to intervene into the single professional organization of advocacy by the politician
«Despite that, for the member of the Commission of issues of legal reform at the Presidential Office is not acceptable to lobby failed and harmful draft law, developed by legal team of the former government and interesting only certain group of people», - says in the letter.
UNBA payed attention, that the Main Principles of the UN on the role of lawyers, resolutions of PACE concerning Ukraine, conclusions of Venice Commission about current legislation on advocacy and interventional letters to the leaders of the Ukrainian state from the Council of Bars and Law Societies of Europe (CCBE) clearly recognize the obligation of the government to involve Bar association to the consultations during the development of national profile law. The attempt to ignore this international standard was one of the most serious reasons why the draft law №9055 failed.
«UNBA demands from you to apologize in public before all the advocates of Ukraine and refute all said during the broadcast of the “Pravo TV’ channel about existence of any “corporative arguments” in the advocacy. Now the comments provided by you are aimed at making conflicts within the advocates’ community and formation of the negative perception of UNBA by the people, we count as lobbyist to certain legislative initiatives and pushing forward the interests of certain people, who were developing the reform at the regime of the former government», - says in the letter to Commission’s on issues of the legal reform member.
Popular news
Rule of Law Roadmap
Reform without data and advocacy: what the Ministry of Justice’s launch has revealed
The Ministry of Justice hosted the first meeting of the working group on bar reform. But instead of professional preparation of legislative changes, we saw exactly what Armada Network Director Dale Armstrong had spoken about the day before in Kyiv: not reform, but a struggle for control over the agenda through a narrow circle of “stakeholders” who create an echo chamber of influence for themselves.
Rule of Law Roadmap
Advocacy, European integration and the limits of intervention: an American report presented in Kyiv
Following its presentation in Brussels, the report «The Ukrainian advocacy in the context of the rule of law and European integration» made its way to Kyiv. It highlighted critical issues both in understanding the very nature of the self-governing profession and in the emergence of a «shadow market» surrounding the Ukrainian advocacy.
Discussion
ETAIDF and MMC: where the system fails
The new system for assessing a person’s daily functioning and the practice of undergoing medical-legal examinations have already raised numerous questions — ranging from unclear procedures to difficulties in appealing decisions. These issues were examined by advocates during the roundtable discussion «Problematic issues of the ETAIDF and MMC», organized by the UNBA Committee on the protection of the rights of persons with disabilities and the All-Ukrainian public organization «Human rights union of persons with disabilities».
Rule of Law Roadmap
Organization of advocacy: subgroup agrees on approaches to regulatory reform
On March 13, a meeting was held of the «Organization of the advocacy and self-government» subgroup of the Working Group on the implementation of the Rule of Law Roadmap regarding bar reform. The event was conducted via videoconference.
Guarantees of the practice of law
Ukraine has signed the Convention for the Protection of the Profession of Lawyer
Today, on 9 March, Ukraine's Permanent Representative to the Council of Europe Mykola Tochytskyi signed the Council of Europe Convention for the Protection of the Profession of Lawyer. This makes our country the 28th to sign this important international treaty.
Discussion
Detention as a rule: the UNBA discussed standards for proving risks
The state interferes most intensively with the human right to liberty when choosing a preventive measure. At this stage, the standard of proof of risk becomes the actual measure of the real meaning of the presumption of innocence.
European integration
«Freedom or security» — a false formula: speech by L. Izovitova at the conference of bar presidents
Is the state protecting society from crime today, or is it gradually destroying the rule of law under the guise of this fight? These alarming trends were outlined by the President of the UNBA, BCU Lidiya Izovitova, during her speech at the 54th European Conference of bar presidents.
Discussion
AI in advocacy and justice: ethics, regulation, limits of application
The Ukrainian National Bar Association held a roundtable discussion entitled «Artificial Intelligence in the цork of advocates: ethics, responsibility, legal process engineering». Participants discussed how artificial intelligence systems are already being used in the professional activities of advocates and where the ethical boundaries of what is permissible lie.
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