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 05.02.20 672 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 path to ratification of the Convention must not end in yet another delay — L. Izovitova

Legislation

The path to ratification of the Convention must not end in yet another delay — L. Izovitova

Ukraine’s preparations for the ratification of the Council of Europe Convention on the Protection of the Professions of Lawyer have already passed key stages. Now, government institutions must submit the matter to the Verkhovna Rada for consideration. In doing so, Ukraine may complete the ratification process faster than EU member states.

18:02 Thu 20.08.26 126
Ukraine could be the first to implement a European mechanism for the protection of advocates. What’s holding it back?

Guarantees of the practice of law

Ukraine could be the first to implement a European mechanism for the protection of advocates. What’s holding it back?

Ukraine has a chance to be the first country to ratify the Council of Europe Convention on the Protection of the Professions of Lawyer. Political support for this exists, but the government’s legislative package has not yet been submitted to parliament. Meanwhile, the number of violations of advocates’ rights is on the rise.

18:32 Wed 19.08.26 197
How can an advocate verify that work has been completed if the client refuses to sign the report?

Educational events

How can an advocate verify that work has been completed if the client refuses to sign the report?

When billing by the hour, the primary document for determining the fee may be a detailed report on the time spent by the advocate and the work performed. To prevent the client from withholding payment, the contract should specify in advance the procedure for submitting and approving such a report.

11:14 Wed 19.08.26 205
The BCU took note of the public appeal from the HCJ

Self-government

The BCU took note of the public appeal from the HCJ

The Bar Council of Ukraine has determined that, given the current security situation, it is objectively impossible to hold, in accordance with the procedure established by the Law «On the advocacy and the practice of law», meetings of advocates, regional conferences of advocates and the Congress of Ukrainian Advocates, including for the purpose of electing two members of the High Council of Justice under the quota allocated to the Congress of Ukrainian Advocates.

17:22 Tue 18.08.26 112
The BCU has launched a digital project «Wall of Remembrance and Honor»

War

The BCU has launched a digital project «Wall of Remembrance and Honor»

The Bar Council of Ukraine has adopted a resolution to launch the digital project «Wall of Remembrance and Honor». To this end, the UNBA is beginning to collect information on advocates and paralegals who lost their lives as a result of the Russian Federation’s armed aggression against Ukraine.

14:12 Tue 18.08.26 108
Energy law: the UNBA and the ADMGE have agreed to cooperate

Interaction

Energy law: the UNBA and the ADMGE have agreed to cooperate

Advocates will deepen their professional expertise in the field of energy law, and participants in the distributed and flexible generation market will have greater opportunities to obtain professional legal assistance.

14:31 Fri 07.08.26 201
How glasses help you switch off advocate mode – a lifehack

Educational events

How glasses help you switch off advocate mode – a lifehack

The constant need to be available to clients, thinking about cases outside of work hours, and internalizing others’ emotions blur the line between an advocate’s professional and personal life. That is why it is important to practice switching between contexts, use external «anchors» and separate one’s own responsibilities from those of the client.

11:12 Fri 07.08.26 102
Where does an advocate's time go and what do they get in return

Educational events

Where does an advocate's time go and what do they get in return

To assess balance in life, it’s worth identifying the areas where the most effort, time, and money are directed, and then determining what a person receives in return: income, respect, support, love, a sense of significance or the fulfillment of an important idea.

10:43 Thu 06.08.26 128

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

Оберіть файл