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
Advocates have warned that the draft Labor Code would curtail workers' protections
Certain provisions of the draft Labor Code of Ukraine regarding collective labor disputes undermine labor protections and do not comply with constitutional and international standards.
Legal defence of military personnel
Representatives from the Ministry of Veterans Affairs and the UNBA discussed veterans' access to justice
On April 3, a working meeting was held at the Ministry of Veterans Affairs of Ukraine with representatives of the Ukrainian National Bar Association, dedicated to improving the effectiveness of legal protection for war veterans and their families.
Educational events
The right of minors to marry: how judicial oversight works
The issue of granting minors the right to marry lies at the intersection of family law, child protection, and judicial discretion. The UNBA Committee on family law dedicated a webinar held on March 30 to this very topic.
Interaction
The UNBA and the Coordination headquarters have agreed to cooperate in assisting those released from captivity
Servicemen released from captivity, family members of prisoners of war, civilians deprived of their personal liberty as a result of armed aggression, as well as persons missing in connection with the war, will gain additional opportunities to access legal assistance and protect their rights.
Self-government
BCU: The HCJ’s decisions undermine the constitutional guarantees of the independence of the advocacy profession
The Bar Council of Ukraine has concluded that, in its recent decisions, the High Council of Justice has, without legal grounds, called into question the right of bar self-governing bodies to protect the guarantees of legal practice and has, in effect, attempted to grant one of its members — who retains the status of an advocate — special immunity from the Rules of professional conduct and disciplinary responsibility.
Announcements
The Bar Council of Ukraine begins its meeting
Today, April 2, a meeting of the Bar Council of Ukraine is taking place in Kyiv. On the agenda are issues related to the activities of bar self-governing bodies, consideration of a decision by the High Council of Justice, a number of appeals, as well as a discussion of the current state and pressing issues regarding the functioning of the legal aid system.
Interaction
The UNBA and the National Guard have agreed to cooperate on legal protection for military personnel
Servicemembers of the National Guard, their family members, and veterans are to receive additional legal tools to protect their rights, while the National Guard’s legal services will receive methodological and expert support.
Discussion
Advocates barred from visiting clients in Temporary detention facility: discussion at the UNBA
The right to legal representation in the first hours following arrest is often rendered meaningless when advocates are denied access to their clients in temporary detention facilities due to bureaucratic barriers, requests for documents not required by the Code of Criminal Procedure, and the practice of detaining people there under the pretext of «security measures».
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