The Media's version of the violation of incompatibilities by the head of the OPU has no foundation

On November 22, 2019, «The Schemes» TV-Program cited several lawyers to conclude infringements of incompatibility requirements by the current head of the Office of the President of Ukraine Andrii Bogdan during his previous career as a state servant.
Their comments explained provisions of the law "On advocacy" , apodted in 1992, and a new Law No 5076-VI dated 5 July 2012, "On advocacy and legal practice".
The interpretation of these laws is biased and superficial. "As early as 2017 in the decision of the Council of Advocates of Ukraine of 3 February No. 10, some issues concerning incompatibility with the activity of lawyer were clarified. The law of Ukraine "on advocacy" of December 19, 1992, as such, foresaw the suspension of advocacy activities exclusively as a kind of disciplinary foreclosure. Such a penalty was imposed on a lawyer by the appropriate qualification and disciplinary Advocacy Commission in case of Committing him disciplinary offense", - explained UNBA President Lidia Izovitova.
Indeed, the lawyer could not work in court, prosecutor's office, notary, Internal affairs, Security Service, public administration (article 2 of the Law no 2887-XII). Similar provisions on impossibility to combine his professional activity with the activity of lawyer were also in other applicable laws at that time, in particular, article 54 of the Law of Ukraine "on judicial system and status of courts" of 2010, article 3 of the Law of Ukraine "on notary" in 1993, article 46 of the Law of Ukraine " On the prosecutor's Office "1991, article 5 of the Law of Ukraine" on the Status of Judges "1992.
"At the same time, the Profile Law No. 2887-XII did not envisage the obligation of the lawyer to in any way inform (inform) the occurrence of circumstances stipulated by Part 2 of article 2 of the Law of Ukraine" on advocacy "(work in court, prosecutor's Office, notary, bodies of internal Security, public administration). In addition, a body to which the message would be sent was also missing. The main thing is that the lawyer is really not engaged in advocacy during mentioned positions. I emphasize that the lawyer's violation in the form of a co-existence must be proved by the appropriate decision of the qualification and Disciplinary commission of advocacy ",-said UNBA President.
The obligation of the lawyer to address the application for the suspension of advocacy activities, in connection with the existence of incompatibility circumstances, arose with the adoption in 2012 of the Law of Ukraine "On the Bar and Practice of Law" No. 5076-VI.
Under current special legislation, an attorney is obliged, in case of incompatibility of incompatibilities, in a three-day period to submit to the Bar Council of the region at the address of his workplace a statement on the suspension of advocacy activity, as entered into the relevant Record to Single Register of Advocates of Ukraine (SRAU)
"In the unified Register of Attorneys of Ukraine in the profile of lawyer Andrii Bogdan there is information about the filing of applications for suspension of advocacy activities in 2012 and 2019 years. Thus, in each case the requirement of the current law "On the Bar and Practice of Law" regarding the incompatibility of advocacy activities with the State service was made. Therefore, the opinion of some lawyers regarding the interpretation of legislation on advocacy and legal practice is their personal point of view. Clarification of the relevant legislation is attributed to the exclusive powers of the Council of Advocates of Ukraine ",- Lidia Izovitova emphasized.
Popular news

Advocacy
«Military advocates» have nothing to do with advocacy – UNBA statement
The activities of the «military advocates» who forcefully «repel» mobilized persons liable for military service in the TCC have nothing to do with legal practice based on the principles of the rule of law and legality.

Advocacy
Commentary to the Council of Europe Convention on the protection of the profession of lawyer translated into Ukrainian
Along with the Convention on the Protection of the Profession of Lawyer, the Committee of Ministers of the Council of Europe also approved an explanatory report to it. This document is a kind of official commentary to be used by countries in the application of the international treaty.

Advocacy
«The Convention will enhance the quality of human protection from criminal prosecution», - Valentyn Gvozdiy, the Vic…
Recently, the Council of Europe adopted the Convention on the Protection of the Profession of Lawyer, an international treaty that guarantees the independence, security and self-governance of lawyers. The latter call it a key step towards strengthening the rule of law. But what does this mean in practice, why is the Convention of extraordinary value - these and other questions were answered by Valentyn Gvozdiy, the Vice President of the UNBA, BCU, to the host of Fakty ICTV.

Advocacy
Ratification of the Convention on the protection of the legal profession will strengthen the legal system – UNBA
The Ukrainian National Bar Association has called on MPs and relevant ministries to ensure the expedited signing and ratification of the Council of Europe Convention on the Protection of the Profession of Lawyer by Ukraine.

Advocacy
The BCU declared inadmissible the reorganization of the Odesa Law Academy
The Bar Council of Ukraine considers it appropriate to support the preservation of the National University Odesa Law Academy as an independent university, whose decades-long traditions and high standards of education and academic independence determine its distinctive uniqueness.

Advocacy
Ukraine should be one of the first to ratify the Convention on the Protection of the Profession of Lawyer - V. Gvozdiy
Ukraine definitely needs to be among the countries that will be the first to ratify the Convention on the Protection of the Profession of Lawyer, adopted by the Council of Europe on March 12, in order to confirm its status as a legal and democratic state.

Advocacy
Convention on the protection of the profession of advocate adopted by the Council of Europe
The Council of Europe at its 1522nd meeting, held on March 11 and 12, 2025, adopted the Council of Europe Convention for the Protection of the Profession of Lawyer.

Advocacy
European Presidents Conference 2025: Challenges to the Rule of Law by Lidiya Izovitova
Against the backdrop of the war in Ukraine and the discussion of guarantees of its security, there is a growing militarization of political discourse not only in Ukraine but also in European countries. In the context of martial law, the issue of reforming the military justice system, including the possibility of creating an institute of military advocacy, has become particularly relevant.
Publications

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…

Vadym Krasnyk The UNBA will work, and all obstacles and restrictions are only temporary inconveniences

Lydia Izovitova Interview with Lydia Izovitova on the occasion of the 8th anniversary of the founding of UNBA: We are the voice of t…