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
The path to ratification of the Convention must not end in yet another delay — L. Izovitova
Ukraine’s preparations for the ratification of the Council of Europe Convention on the Protection of the Professions of Lawyer have already passed key stages. Now, government institutions must submit the matter to the Verkhovna Rada for consideration. In doing so, Ukraine may complete the ratification process faster than EU member states.
Guarantees of the practice of law
Ukraine could be the first to implement a European mechanism for the protection of advocates. What’s holding it back?
Ukraine has a chance to be the first country to ratify the Council of Europe Convention on the Protection of the Professions of Lawyer. Political support for this exists, but the government’s legislative package has not yet been submitted to parliament. Meanwhile, the number of violations of advocates’ rights is on the rise.
Educational events
How can an advocate verify that work has been completed if the client refuses to sign the report?
When billing by the hour, the primary document for determining the fee may be a detailed report on the time spent by the advocate and the work performed. To prevent the client from withholding payment, the contract should specify in advance the procedure for submitting and approving such a report.
Self-government
The BCU took note of the public appeal from the HCJ
The Bar Council of Ukraine has determined that, given the current security situation, it is objectively impossible to hold, in accordance with the procedure established by the Law «On the advocacy and the practice of law», meetings of advocates, regional conferences of advocates and the Congress of Ukrainian Advocates, including for the purpose of electing two members of the High Council of Justice under the quota allocated to the Congress of Ukrainian Advocates.
War
The BCU has launched a digital project «Wall of Remembrance and Honor»
The Bar Council of Ukraine has adopted a resolution to launch the digital project «Wall of Remembrance and Honor». To this end, the UNBA is beginning to collect information on advocates and paralegals who lost their lives as a result of the Russian Federation’s armed aggression against Ukraine.
Interaction
Energy law: the UNBA and the ADMGE have agreed to cooperate
Advocates will deepen their professional expertise in the field of energy law, and participants in the distributed and flexible generation market will have greater opportunities to obtain professional legal assistance.
Educational events
How glasses help you switch off advocate mode – a lifehack
The constant need to be available to clients, thinking about cases outside of work hours, and internalizing others’ emotions blur the line between an advocate’s professional and personal life. That is why it is important to practice switching between contexts, use external «anchors» and separate one’s own responsibilities from those of the client.
Educational events
Where does an advocate's time go and what do they get in return
To assess balance in life, it’s worth identifying the areas where the most effort, time, and money are directed, and then determining what a person receives in return: income, respect, support, love, a sense of significance or the fulfillment of an important idea.
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