Legal Reform Commission pre-approved the concept of improvement of the current legislation on judicial system

Advocacy 16:54 Mon 18.11.19 50 Reviews Print

On October 18, the Committee on Legal Reform under the President of Ukraine based the concept of improvement of the current judicial system legislation, status of judges, proceedings and adjacent legal institutes prepared by the Working Group on Development of Law on the organization of the judiciary and implementation of Justice Commission on legal Reform under the President of Ukraine.

The concept contains a number of the following blocks.

1. The block on legislative improvement of judicial system and status of judges is aimed at improving the organization of judicial authorities of Ukraine, revision of the principles of cassation proceedings.

At the same time, this unit has a number of proposals for improving the legal regulation of the High Council of Justice and disciplinary liability of judges.

It is also proposed to improve the qualifications evaluation procedures, unify the vacant positions procedure, improve the availability of justice and establish a full-fledged chartered court.

2. The next direction of reform concerns legislative improvement of proceedings.

This direction is dedicated by developers to expand the issues of alternative (extrajudicial) and pre-trial dispute resolution; Improving the dispute resolution mechanism with the participation of the judge, introduction of the Institute of Production by the Court of incomplete (shortened) decision; Optimization of the Institute of the room and the stage of making the decision for the purpose of procedural savings and improvement of quality of decisions, revision in the procedural codes of the categories of cases, which are considered collegial, in order to switch to single-person proceedings and Review in procedural codes the categories of cases considered by appellate or cassation courts as courts of first instance.

Separately, the developers touched on the problems of optimizing the work of the Grand Chamber of the Supreme Court to ensure the implementation of the main function – consideration of inter-jurisdictional disputes and changes in approaches to legislative regulation of cassation consideration, The definition of cassation instance solely as the "Court of Law", ensuring the execution of cassation courts the main function-the sustainability and unity of judicial practice, the establishment of procedural filters on the possibility of cassation appeal.

3. The third block of the concept concerns legislative improvement of adjacent legal institutions.

It reflected relevant issues of pre-trial (extrajudicial) Dispute resolution, execution of court decisions and advocacy.

"On the issues of reform advocacy will focus more in detail. It is proposed to make amendments and additions to the legislation regulating the advocacy and legal practice (Law of Ukraine "on advocacy and legal practice", procedural legislation, other laws), in particular, providing for elimination of Authorities regarding the regulation and control of the attorneys ' activities. Also among the proposals are the expansion of guarantees of the independence of lawyers, improvement of self-advocacy and efficiency of tasks fulfillment, "-the member of the Commission on legal reform Oleksandr Drozdov said.

The concept also proposes to clarify the provisions on the types of advocacy activities and the rights of the lawyer, in particular, their professional expansion and the possibility of access to single State registers (in particular, the unified State Register of Pre-trial investigations);to specify grounds and procedures for bringing to disciplinary responsibility with complete observance of the principles and norms set forth in the Convention on the Protection of Human rights and fundamental freedom, specifying the conditions for appealing the decisions on bringing to disciplinary liability; Implementation of the Institute of Simplified disciplinary proceedings.

The concept also proposes to clarify the provisions on the types of advocacy activities and the rights of the lawyer, in particular, their professional expansion and the possibility of access to single State registers (in particular, the unified State Register of Pre-trial investigations);

Also referred about clarification of conditions (requirements for education, professional experience, etc.) and limitations of access to advocacy activities, improvement of procedures for the qualification exam, probation of candidates, order of reference and content of the unified Register of Advocates of Ukraine.

 It is proposed to improve the regulation on organizational and legal forms of advocacy activities; To clarify peculiarities of certain types of advocacy activity (organization of free legal aid provision taking into account international standards and advocacy positions, legislative consolidation of success fees, representation of public Bodies etc.); To settle the procedural status and powers of lawyer's assistants; To improve organizational principles and guarantees of activity of bar-government bodies, to clarify status and powers of National Bar Association of Ukraine, principles of financing of Self-governing bodies.

The concept also proposes to clarify the provisions on the types of advocacy activities and the rights of the lawyer, in particular, their professional expansion and the possibility of access to single State registers (in particular, the unified State Register of Pre-trial investigations);

The concept proposes to establish at the legislative level that renewal of legislation and advocate activity is carried out exclusively by specialized laws taking into account the relevant international standards and opinions of advocacy.

"During the discussions together with a lawyer, M. Isalkov opposed the establishment of responsibility of attorneys for criticism of court decisions, as contrary to the requirements of article 10 of the Convention for the Protection of human rights",-said Alexander Drozdov on the results of the meeting .

The concept also proposes to clarify the provisions on the types of advocacy activities and the rights of lawyers, in particular, their professional expansion and the possibility of access to single State registers (in particular, the unified State Register of Pre-trial investigations);

Oleksandr Drozdov also supported the proposal of the Supreme Court Judge Dmytro Gudyma to create the registry of the deceased, disabled and untraceable absent, and drew the attention of the Commission to the fact that the introduction of such a register will remove a number of questions regarding the suspension and termination of advocacy activities, as well as payment of annual attorneys' fees to ensure the implementation of the bar self-government. In addition, as Oleksandr Drozdov stressed, it is necessary to ensure unimpeded access of lawyers to this and a number of other state registers (for example, to the unified register of pre-trial investigations).

Alexander Drozdov is included in the Editorial Commission, which will process this document.

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