Once the land market is open, the law abolishing the advocate's monopoly could deprive millions of Ukrainians of protection from raiders
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
Advocacy
Another model should be introduced for the FLA system, - Lidiya Izovitova
Monitoring of the current state of functioning of the legal aid system shows the existence of significant and conceptual problems in the implementation of this assistance in Ukraine.
Advocacy
Violation of media guarantees of advocacy is being studied by the UNBA
An open appeal of the Ukrainian National Bar Association's Committee on Information Policy and Interaction with the Mass Media to the advocates.
Advocacy
Lawyers are offered to be booked - amendments to draft law No. 10449
In their amendments to the draft law on strengthening mobilization, MPs propose to provide for the booking of lawyers. The goal is to prevent disruptions of court hearings.
Advocacy
E-Court failures violate constitutional guarantees – UNBA
In recent days, the Ukrainian National Bar Association has received numerous reports from lawyers about technical failures in the operation of the Electronic Court subsystem. In particular, the complaints relate to the inability to log in to the electronic office, which restricts advocates in exercising their procedural rights, in particular, to submit documents and participate in court hearings in the videoconference mode.
Advocacy
Fixed fee: time of work is important for reimbursement of attorney's fees – SC
The procedure for calculating the hourly fee differs from the fixed fee, which does not take into account the actual time spent. However, in both cases, they are taken into account when deciding on the reimbursement of legal aid expenses.
Advocacy
Attorneys' declarations: what does the changing position of the NAPC indicate?
When the Constitutional Court began to consider the case on the submission of declarations by representatives of the bar's disciplinary bodies, the National Agency for the Prevention of Corruption declared a constitutional crisis and threats to the entire declaration system. But earlier, officials had a completely different opinion on this issue.
Advocacy
The price of a claim for minor disputes will be significantly reduced - draft law
The current amounts of the claim price (as a criterion for classifying a case as minor) are significantly higher than the subsistence minimum and minimum wage and do not correspond to the understanding of the case and the dispute in it as minor. Accordingly, they should be revised downward.
Advocacy
The BCU has removed controversial issues of training standards for young lawyers
The Procedure for the Continuing Legal Education of Advocates of Ukraine provides for special requirements for training in the first three years (after obtaining a certificate) of an advocate's practice. In practice, technical issues have arisen in the application of these requirements.
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…