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
Support
Protecting the legal profession, cybersecurity and support for advocates: common themes for the IBA and the UNBA
On September 18, a working meeting was held at the office of the Ukrainian National Bar Association with Executive Director of the International Bar Association (IBA) Mark Ellis. The parties discussed the Ukrainian advocacy profession’s participation in European legal processes, the protection of the UNBA’s digital infrastructure, psychological support for advocates and future areas of cooperation.
Educational events
Tax residency of Ukrainians abroad: what matters
The determination of tax residency for Ukrainians who have been living abroad for an extended period depends on the combination of their personal and economic ties to each country. The established status determines the procedure for reporting income, paying taxes and fulfilling CFC reporting obligations.
War
Are Europe's advocacy associations prepared for a potential war? V. Gvozdiy shared lessons from the Ukrainian experience
The continuity of the bar’s self-governance, the protection of professional registries and archives, as well as equal guarantees of employment for advocates, judges, and prosecutors must be enshrined in advance in legislation in the event of war or another emergency.
Legal defence of military personnel
Payments to military personnel require clear and uniform criteria — UNBA Committee
The vagueness of terms in subordinate regulatory acts leads to differing interpretations of the grounds for paying additional compensation to military personnel. The UNBA has proposed harmonizing these acts and establishing transparent criteria for the allocation of funds.
Tragic news
Former CCBE President James MacGuill has passed away
The Ukrainian National Bar Association expresses its condolences on the passing of James MacGuill — a renowned Irish advocate and former president of the Law Society of Ireland and the Council of Bars and Law Societies of Europe (CCBE).
Educational events
Young – therefore inexperienced: how female advocates should respond to stereotypical accusations
Comments regarding age, gender, or appearance made in court can distract a lawyer from defending their client’s interests. Therefore, before responding, it is important to assess the relevance of the remark to the case, determine the limits of what is permissible and decide on the next course of action.
Educational events
How DISC helps manage «tigers», «monkeys», «elephants» and «turtles»
The same instruction from a manager may motivate one employee to take action, while leaving another without the necessary guidance. People perceive work tasks differently: for some, a deadline and the expected outcome are enough, while others need explanations, time or a detailed plan.
Guarantees of the practice of law
The Council of Europe Convention will strengthen constitutional guarantees of human rights – M. Stavniychuk
The exclusive right of an advocate to represent another person in court, as enshrined in the Constitution, should be viewed as an integral part of the mechanism for protecting human rights in Ukraine. Furthermore, ratification of the Council of Europe Convention on the Protection of the Professions of Lawyer could strengthen the substance of this and other guarantees.
Publications
Vasyl Kolishnyi, «Law and Business» Supporting mental health should become part of the professional culture of the Bar, - H. Udovenko
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