UNBA called the president to exclude Mykola Onischuk from Working Group on issues of developing judicial legislation and implementation of justice
UNBA called the President Volodymyr Zelenskiy to exclude Mykola Olischuk from the Working Group on issues of developing judicial legislation and implementation of justice because of appeals concerning the reforming of advocacy.
This appeal of UNBA was directed to the Presidential Office.
It says in the document, that of October 9th 2019 during the broadcast of “Pravo TV” Mykola Onischuk announced plans of headed by him Working Group to create a new version of the law “On advocacy and legal practice” and to pass this draft law the Verkhovna Rada through the Presidential Office. With that, Mykola Onischuk made defamatory statements about the activity of Ukrainian advocacy and gave biased evaluations of UNBA’s position
«We think, that public comments of Mr. Onischuk have shown his disrespect to the municipal institute of advocacy of Ukraine, not understanding the key principles of its activity and ignorance of international standards of developing changes in the profile law. Biased evaluations of Working Group’s Head has already made a reputational damage to the institute of advocacy and defamed consultative and advisory organization, which he is a part of», - says in the appeal.
Advocates’ community emphasized, that Head of the Working Group within the Commission on the legal reformation factually testified his intentions to lobby the draft law №9055, which was brought by the fifth president Petro Poroshenko and wasn’t passed due to active resistance of the advocates’ community.
«Such public position of Mr.Onischuk shows his unprofessional biased approaches and lobbyist intentions. It is obvious, that such a position was formed by work experience of Mr. Onischuk as a member of Constitutional Commission at Presidential Office of Ukraine and his participation in the council on issues of the judicial reform, which was coordinated by the head deputy of the Administration at the Presidential Office Alexey Filatov, who secretly developed and accepted scandalous draft law №9055. All these makes it impossible for him to continue his participation in developing the reform of advocacy, which would have been made in accordance with principles of priority of rights and freedoms of humans and citizens and would have counted international obligations of Ukraine and demopcratic standards of organizing municipal institutes of advocacy», - says in the appeal.
UNBA reminded, that last attempt of reforming the advocacy in 2016-2018 through the №9055 evoked public discontent, was negatively criticized by the advocates community and was negatively evaluated not only by advocacy, but also by the most authoritive organizations of legal defense, as the one, which will limit the possibility to protect constitutional rights of citizens, Any initiatives of reanimation of this draft law will have negative effects and cannot be passed in the context of efforts being made by the new government for strengthening of judicial system in Ukraine
Counting intentions of the Ukrainian President to held a real judicial reform, as he has announced on the press-marathon on October 10th 2019, advocates’ community hopes for the reaction from the government and for the fair decision
Popular news
Legislation
UNBA initiatives to implement the Roadmap were supported by international experts
International experts who participated in the inaugural meeting of the Working Group on the implementation of the Roadmap on the rule of law in advocacy and agreed to join it expressed their support for the initiative of the Ukrainian National Bar Association.
Legislation
How will the group responsible for implementing the Roadmap for advocacy operate?
The working group on the implementation of the Roadmap on the rule of law in the area of advocacy will operate at several levels: plenary meetings as a platform for adopting framework decisions, a coordination bureau for compiling documents and calendar control, and thematic subgroups for preparing norms and their justification. International experts will verify the results against European standards and «red lines».
Legislation
Advocacy is a responsible entity, not a critic of reform — V. Gvozdiy
The Roadmap on the Rule of Law is not a basis for restructuring the model of advocacy, but a framework for verifying and improving the already European-oriented system. At the same time, part of the work has already been done, so further progress should be made in the form of coordinated and practical decisions.
Legislation
Vatras on the implementation of the Roadmap: only advocates should create their own destiny
Work on implementing the Roadmap in relation to advocacy should be based on the participation of the professional community itself, and key tasks should be structured in such a way as to avoid mixing processes that differ in content and procedure.
Legislation
Lidiya Izovitova outlined the approach to implementing the Roadmap for advocacy
The general approach to working on the implementation of the Roadmap on the Rule of Law in terms of reforming advocacy should not be based on «slogans», but rather on gathering facts, comparing them with standards, consulting with the professional community, and formulating norms for which participants are prepared to take responsibility.
Legislation
Roadmap and advocacy: working group holds first meeting
On January 2, the first organizational meeting of the Working Group on the implementation of the Roadmap on the rule of law in the area of advocacy reform took place. The event was devoted to agreeing on the framework for further work and exchanging the initial positions of the participants.
Self-government
BCU: NACP initiatives regarding the Bar are unconstitutional interference
The Bar Council of Ukraine has condemned the initiatives to reform the Bar proposed by the National Agency on Corruption Prevention as direct, gross and systematic interference by the executive branch in the activities of an independent constitutional institution.
Self-government
UNBA program for implementation of the Roadmap on the rule of law published
In order to ensure the implementation of measures set out in the Roadmap on the Rule of Law, the Bar Council of Ukraine approved a program for its implementation in relation to the reform of advocacy.
Publications
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
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…