UNBA called the president to exclude Mykola Onischuk from Working Group on issues of developing judicial legislation and implementation of justice

Advocacy
17:53 Fri 11.10.19 524 Reviews
Print

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

Proceedings against military personnel following AWOL require clear deadlines — UNBA

Legislation

Proceedings against military personnel following AWOL require clear deadlines — UNBA

A soldier’s return to duty after AWOL does not necessarily mean the end of criminal proceedings. To ensure that the case does not remain at the pretrial investigation stage, a clear procedure for the investigator and prosecutor is required.

19:04 Fri 16.10.26 152
The UNBA warned of the risk of customs barriers for Ukrainian paper and furniture

Legislation

The UNBA warned of the risk of customs barriers for Ukrainian paper and furniture

Ukraine’s anti-deforestation rules are intended to preserve export access to the EU market. However, without paper and furniture on the list of goods, without effective sanctions, and with enforcement beginning only in 2030, these rules could hinder that goal.

11:12 Fri 16.10.26 113
Fines for loud exhaust — based on a standardized measurement method — UNBA

Legislation

Fines for loud exhaust — based on a standardized measurement method — UNBA

Measures to combat intentionally loud exhaust noises are justified, especially during wartime. However, as long as the law does not specify which noise standard to apply or how to measure it on the road, this new liability can be neither fair nor effective.

13:53 Thu 15.10.26 104
Guarantees for advocacy without protective measures: proposed changes to the codes

Guarantees of the practice of law

Guarantees for advocacy without protective measures: proposed changes to the codes

The current law sets forth the rights and guarantees of the legal profession, but lacks the tools to protect them. The future law on advocacy is intended to fill this gap through amendments to criminal, administrative and procedural legislation.

19:41 Tue 13.10.26 156
Living abroad doesn't sever your ties with Ukraine: what you should check

Abroad

Living abroad doesn't sever your ties with Ukraine: what you should check

Moving to another country and even long-term residence abroad does not automatically sever an individual’s legal ties to Ukraine. Tax residency, sole proprietorship status, foreign income, enforcement proceedings, and military registration remain relevant even after relocation.

18:13 Tue 13.10.26 104
Exceptions to the state prosecutor's representation in court must be consistent with the CCU's decision

Legislation

Exceptions to the state prosecutor's representation in court must be consistent with the CCU's decision

To prevent the provisions of Article 23 of the Law «On the prosecutor’s office» from being declared unconstitutional again, the proposed amendments contained in the government’s draft law should be clarified.

14:32 Fri 09.10.26 104
How can an advocate defend a client whose data is processed by the Interpol system?

Educational events

How can an advocate defend a client whose data is processed by the Interpol system?

The absence of a last name on the Interpol website does not necessarily mean that no one is looking for that person. How can you find out exactly what information police databases in 196 countries hold about a client, and does the removal of a record mean that the problems are behind you?

16:27 Thu 08.10.26 107
A bill implementing the Convention on the Protection of the Professions of Lawyer has been introduced

Legislation

A bill implementing the Convention on the Protection of the Professions of Lawyer has been introduced

The constitutional guarantees of legal aid, defense, and the independence of advocacy cannot be realized without protecting advocates from unwarranted interference in their professional activities, including searches, the seizure of professional materials and the use of criminal procedural mechanisms to exert pressure.

14:08 Mon 05.10.26 278

Надішліть файл із текстом публікації у форматі *.doc, фотографію за тематикою у розмірі 640х400 та Ваше фото.

Оберіть файл