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 05.02.20 696 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

A bill implementing the Convention on the Protection of the Professions of Lawyer has been introduced

Legislation

A bill implementing the Convention on the Protection of the Professions of Lawyer has been introduced

The constitutional guarantees of legal aid, defense, and the independence of advocacy cannot be realized without protecting advocates from unwarranted interference in their professional activities, including searches, the seizure of professional materials and the use of criminal procedural mechanisms to exert pressure.

14:08 Mon 05.10.26 188
The CCBE is discussing European justice and issues related to the protection of advocates

Abroad

The CCBE is discussing European justice and issues related to the protection of advocates

Today, October 2, a meeting of the Standing Committee of the Council of Bars and Law Societies of Europe (CCBE) is taking place in Brussels. On the agenda are the protection of the advocate profession, the rule of law, attorney-client privilege, and changes in the European justice system.

14:04 Fri 02.10.26 140
The UNBA presented the key provisions of the future law on advocacy in Brussels

Rule of Law Roadmap

The UNBA presented the key provisions of the future law on advocacy in Brussels

The Ukrainian National Bar Association presented its proposals for the upcoming law on advocacy, aligned with the Rule of Law Roadmap. The presentation covered topics such as access to the profession, self-governance, disciplinary procedures, professional development and guarantees for the practice of advocacy.

20:36 Thu 01.10.26 190
Advocates were taught to voice their complaints without making accusations

Educational events

Advocates were taught to voice their complaints without making accusations

In a difficult conversation, it’s easy to confuse facts with opinions, feelings with accusations, and requests with demands. How can you express dissatisfaction, explain your own needs, and propose a specific solution while still allowing your conversation partner the opportunity to refuse or suggest an alternative?

10:29 Wed 30.09.26 115
Unrestricted access to advocates' accounts poses a risk of client data disclosure — BCU

Guarantees of the practice of law

Unrestricted access to advocates' accounts poses a risk of client data disclosure — BCU

Information regarding transactions in the bank accounts of an advocate, a law firm, or a bar association from which clients can be identified, as well as the fact and subject matter of a request for legal assistance, the purpose of payments, and the amount of the fee constitutes attorney-client privilege. This rule applies regardless of whether the information also constitutes banking information and is in the possession of a bank.

16:47 Sat 26.09.26 107
The contract provides for a video conference, but the court requires in-person appearance: how should an advocate proceed?

Guarantees of the practice of law

The contract provides for a video conference, but the court requires in-person appearance: how should an advocate proceed?

Many advocates today work remotely; therefore, their agreements with clients provide for the provision of legal assistance via videoconferencing. However, this form of work does not, in and of itself, create an unconditional obligation for the court to conduct every hearing via videoconference.

16:25 Sat 26.09.26 110
Independent oversight is necessary before using CISA materials against an advocate – Lidiya Izovitova

Guarantees of the practice of law

Independent oversight is necessary before using CISA materials against an advocate – Lidiya Izovitova

Before the prosecution uses information obtained during covert investigative actions and related to an advocate’s activities, independent procedural oversight must be conducted. It is necessary to determine whether such information is covered by attorney-client privilege and whether it may be disclosed.

15:47 Fri 25.09.26 243
Handing over a bank card should not automatically constitute a crime – UNBA

Legislation

Handing over a bank card should not automatically constitute a crime – UNBA

Criminal liability for transferring a bank card or access to an account should arise only if it is proven that the person knew the card or account would be used as a means to commit an intentional crime. The mere fact that a payment instrument was transferred or that an account was used by a third party is not sufficient.

15:14 Wed 23.09.26 103

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

Оберіть файл