The Media's version of the violation of incompatibilities by the head of the OPU has no foundation
![](/assets/uploads/news/information-for-press/2019-11-28-unba_5e38243638db1.jpg)
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
![](/assets/uploads/news/advocacy/2024-06-12-unba_66696ec58415c.jpg)
Advocacy
Regarding the NACP's Pressure on the Constitutional Court of Ukraine: Statement of the Bar Council of Ukraine
On June 11, the National Agency for the Prevention of Corruption published a news item on its website entitled «Should members of the Qualification and Disciplinary Commissions of the Bar Declare: Whose Side Will the CCU Take?», in which it called on the public, journalists and international partners to closely monitor the consideration by the Constitutional Court of Ukraine of the complaint filed by Oksana Bukhtoyarova, a member of the Disciplinary Chamber of the Qualification and Disciplinary Commission of the Bar of the Zakarpattia Region, regarding the constitutionality of certain provisions of the Law of Ukraine «On Prevention of Corruption». The CCU hearing on this case is scheduled to take place at 10 a.m. on June 12, 2024.
![](/assets/uploads/news/advocacy/2024-06-08-unba_6669648160168.jpg)
Advocacy
Payment for the services of a lawyer should be made for each subject of the FLA
Numerous appeals of lawyers to the Ukrainian National Bar Association show that there is a problem of arbitrary interpretation of the rules on payment for services and reimbursement of lawyers' expenses by the centers for providing free secondary legal aid.
![](/assets/uploads/news/advocacy/2024-06-08-unba_666963c331fc8.jpg)
Advocacy
It is suggested to book 25% of lawyers and representatives of other professional organizations
The lack of booking of lawyers, insolvency receivers, notaries, and private enforcement officers has a negative impact on all sectors of life support, especially the justice system and law enforcement agencies. It makes it difficult for the state to fulfill its functions, and it undermines the rule of law and legitimacy.
![](/assets/uploads/news/advocacy/2024-06-08-unba_666961683721a.jpg)
Advocacy
Advocacy is allowed to be combined with lobbying – BCU
A person who has a certificate of the right to practice law may, subject to the relevant procedures, simultaneously be a subject of lobbying.
![](/assets/uploads/news/advocacy/2024-06-08-unba_6669604b1137b.jpg)
Advocacy
Advocates should not be responsible for communication during court hearings
In the context of permanent blackouts and instability of telecommunication equipment, lawyers and other participants in court cases should not be responsible for the risks of technical impossibility of participating in a videoconference during a court hearing.
![](/assets/uploads/news/advocacy/2024-06-07-unba_66695bafc9e08.jpg)
Advocacy
The profession of lawyer is more popular among men - Valentyn Gvozdiy
According to the Unified Register of Advocates of Ukraine, there are 47.2 thousand active lawyers registered. Despite the war, the gender ratio in the profession remains unchanged.
![](/assets/uploads/news/advocacy/2024-06-07-unba_66695a55328e2.jpg)
Advocacy
Increased pressure on lawyers means a deterioration in the human rights situation in the country
Recent legislative changes to the mobilization and military registration procedure have introduced additional responsibilities for men liable for military service. In particular, they have until July 16 to update their data. However, representatives of the TCC are not waiting for this date. Already today, they are demanding to see the relevant confirmations during the checks of military registration documents. This leads to conflict situations and, consequently, human rights violations. This raises the question of the role of lawyers providing professional legal aid.
![](/assets/uploads/news/advocacy/2024-06-03-unba_6666c20a00c22.jpg)
Advocacy
President is urged to book lawyers (petition)
To include lawyers, free legal aid workers, public and private bailiffs in the list of persons entitled to deferment and reservation for the period of mobilization.
Publications
![](/assets/uploads/photos/author_647dfc292f222-40x40.jpg)
Ihor Kolesnykov A BRIEF SUMMARY REGARDING THE APPLICATION OF THE ORDER ON EXTENDED CONFISCATION IN LATVIA REGARDING FINANCIAL ASSETS OF…
![](/assets/uploads/photos/author_63becdabe411c-40x40.jpg)
Valentyn Gvozdiy WORKING IN A WAR ZONE
![](/assets/uploads/photos/author_62694608e0300-40x40.jpg)
Lydia Izovitova Formula of perfection
![](/assets/uploads/photos/author_626958f5cde7c-40x40.jpg)
Sergiy Vylkov Our judicial system is so built that courts do not trust advocates
![](/assets/uploads/photos/author_61c1e10556e13-40x40.jpg)
Iryna Vasylyk Advocacy in the proclamation of Independence of Ukraine
![](/assets/uploads/photos/author_605737babe0d1-40x40.jpg)
Oleksandr DULSKY When we cross the border of the Supreme Anti-Corruption Court, we get into another department of the National Anti-Corruption…
![](/assets/uploads/photos/author_60185db363982-40x40.jpg)
Vadym Krasnyk The UNBA will work, and all obstacles and restrictions are only temporary inconveniences
![](/assets/uploads/photos/author_5fdc9d77c1d19-40x40.jpg)
Lydia Izovitova Interview with Lydia Izovitova on the occasion of the 8th anniversary of the founding of UNBA: We are the voice of t…