Once the land market is open, the law abolishing the advocate's monopoly could deprive millions of Ukrainians of protection from raiders

Legislation
20:02 Wed 05.02.20 603 Reviews
Print

This was emphasized by UNBA representative in the Verkhovna Rada Mykhaylo Dyadenko during the meeting of the Committee on Legal Policy of the Verkhovna Rada. The Committee considered the draft law No. 1013 on amending the Constitution of Ukraine (abolishing the advocate's monopoly).

On behalf of the lawyer community, Mykhaylo Dyadenko appealed to the people's deputies and urged them to refrain from adopting the document as it is now.

Three years ago, the Verkhovna Rada decided on the so-called advocate's monopoly, giving the credit to the conclusion of the Venice Commission. Starting only this year, this decision started to be implemented. And without having seen the results of this decision, the question about the abolition of the advocate's monopoly arises. UNBA has repeatedly called for a broad dialogue on this issue, but the Committee has not heard the warnings of more than 50,000 advocates”, - Mykhaylo Dyadenko said.

The advocate warned the parliamentarians - the provisions of draft law No1013 will lead to violations of constitutional human rights, first of all, of the right to defense.

The land market is planned to be open in the near future. Given the widespread use of raids by entire clans in Ukraine, the Verkhovna Rada may leave millions of Ukrainian citizens without legal protection of adequate quality. And such a hasty decision to abolish advocate's monopoly can lead to very negative results. Therefore, on behalf of the UNBA, I once again urge the PDs to postpone the consideration of this issue, to hold a wide dialogue and only after that to make a well-considered decision,” - the UNBA representative said.

At the same time, the Head of the UNBA Committee for Human Rights Anna Kolesnyk sent a letter to the Head of the Committee on Legal Policy Andrii Kostin urging to recognize the draft law No1013 to be returned to the subject of the legislative initiative.

She outlined a number of risks posed by this legislative initiative and called the abolition of the advocate's monopoly inadmissible in a European state of rule of law.

“The cancellation of exclusive representation in court can lead to the fact that any person will be able to represent before the court, in spite of having no legal education. This, in turn, will adversely affect the quality of the judiciary and will reduce the public's confidence in the judiciary. In addition, the abolition of the exclusive representation by advocates in the courts will lead to a more expensive judicial process for the state, since the hearing of cases will be delayed deliberately, as the representative will not bear any responsibility for it. It is also possible that a representative without proper education, qualifications due to ignorance of all the intricacies of the process, inability to gather evidence, etc. might also delay the trial, ” - the letter said.

The Secretary of the Parliamentary Committee on Legal Policy Oleg Makarov generally proposed to exclude draft law No. 1013 from the agenda of the committee. Only 4 PDs voted in favor of excluding this issue from the profile committee, 13 voted against, and two abstained. Therefore, this issue remains on the agenda.

As a result of its consideration, the Committee recommended the draft law to be approved by the Verkhovna Rada. 17 voted in favour, 3 against, one abstained.

Popular news

The right of minors to marry: how judicial oversight works

Educational events

The right of minors to marry: how judicial oversight works

The issue of granting minors the right to marry lies at the intersection of family law, child protection, and judicial discretion. The UNBA Committee on family law dedicated a webinar held on March 30 to this very topic.

11:28 Tue 07.04.26 103
BCU: The HCJ’s decisions undermine the constitutional guarantees of the independence of the advocacy profession

Self-government

BCU: The HCJ’s decisions undermine the constitutional guarantees of the independence of the advocacy profession

The Bar Council of Ukraine has concluded that, in its recent decisions, the High Council of Justice has, without legal grounds, called into question the right of bar self-governing bodies to protect the guarantees of legal practice and has, in effect, attempted to grant one of its members — who retains the status of an advocate — special immunity from the Rules of professional conduct and disciplinary responsibility.

14:56 Thu 02.04.26 116
The UNBA and the National Guard have agreed to cooperate on legal protection for military personnel

Interaction

The UNBA and the National Guard have agreed to cooperate on legal protection for military personnel

Servicemembers of the National Guard, their family members, and veterans are to receive additional legal tools to protect their rights, while the National Guard’s legal services will receive methodological and expert support.

12:49 Mon 30.03.26 106
Protecting the rights of service members: The UNBA and the Military Ombudsman have agreed on cooperation

Interaction

Protecting the rights of service members: The UNBA and the Military Ombudsman have agreed on cooperation

Servicemembers, reservists, conscripts during training exercises, members of local community volunteer units, and other individuals covered by the Law «On the Military Ombudsman» should have better access to professional legal assistance.

9:59 Fri 27.03.26 169
Reform without data and advocacy: what the Ministry of Justice’s launch has revealed

Rule of Law Roadmap

Reform without data and advocacy: what the Ministry of Justice’s launch has revealed

The Ministry of Justice hosted the first meeting of the working group on bar reform. But instead of professional preparation of legislative changes, we saw exactly what Armada Network Director Dale Armstrong had spoken about the day before in Kyiv: not reform, but a struggle for control over the agenda through a narrow circle of “stakeholders” who create an echo chamber of influence for themselves.

16:42 Mon 23.03.26 194
Advocacy, European integration and the limits of intervention: an American report presented in Kyiv

Rule of Law Roadmap

Advocacy, European integration and the limits of intervention: an American report presented in Kyiv

Following its presentation in Brussels, the report «The Ukrainian advocacy in the context of the rule of law and European integration» made its way to Kyiv. It highlighted critical issues both in understanding the very nature of the self-governing profession and in the emergence of a «shadow market» surrounding the Ukrainian advocacy.

15:26 Fri 20.03.26 197
ETAIDF and MMC: where the system fails

Discussion

ETAIDF and MMC: where the system fails

The new system for assessing a person’s daily functioning and the practice of undergoing medical-legal examinations have already raised numerous questions — ranging from unclear procedures to difficulties in appealing decisions. These issues were examined by advocates during the roundtable discussion «Problematic issues of the ETAIDF and MMC», organized by the UNBA Committee on the protection of the rights of persons with disabilities and the All-Ukrainian public organization «Human rights union of persons with disabilities».

13:58 Thu 19.03.26 151
Access to the advocate profession: a subgroup has identified the direction of change

Rule of Law Roadmap

Access to the advocate profession: a subgroup has identified the direction of change

On Monday, March 16, a meeting was held of the subgroup «Access to the profession and training of advocates. Organizational forms of legal practice» of the Working Group on the implementation of the Rule of Law Roadmap.

18:14 Wed 18.03.26 142

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

Оберіть файл