The abolition of the advocate's monopoly leaves the majority of citizens without professional legal protection – Valentyn Gvozdii

The abolition of the exclusive rights of advocates to representation in courts (the so-called advocate's monopoly) will deprive the majority of citizens from the right to professional legal aid.

The draft law No.1013, which amends the Constitution and cancels exclusive right of advocates to the representation, was submitted to the Parliament agenda on Tuesday, January 14, for pre-approval.

 "Ukrainian National Bar Association has repeatedly defended the right of citizens to professional legal protection. Once the draft Law No. 1013 is adopted, Ukrainian citizens in the courts will be represented by unskilled amateurs who, for the most part, not only have no professional legal education but have no idea about the system and means of Ukrainian law, and people who, for example, might steal money from elderly people, sole mothers or persons with disabilities and then disappear, won't be held accountable", - the deputy Head of tUNBA Valentyn Gvozdii comments.

He also added, that "the proposed changes contradict the constitution of Ukraine and grossly violate human rights, because article 131-2 of the Constitution provides for that in Ukraine, the advocacy acts to ensure the right to a defense against accusation and to provide legal assistance in deciding cases in courts and other state bodies. The current legislation provides for effective mechanisms and tools for ensuring this right, including on the expense of the state budget – when provided to vulnerable groups."

"Such changes carry risk of distraction of the justice system in Ukraine. Therefore, on behalf of the Ukrainian Bar, I urge the people's deputies to consider the draft law No. 1013 through.  5 judges of the Constitutional Court expressed some opinions about this legislative initiative. This indicates that such changes to the Basic law are largely premature and illogical. Only 3 years ago, the so-called advocate monopoly and the Constitutional Court welcomed this change. And now the CCU also welcomes the abolition of this amendment. This political and legal paradox, which makes human rights a hostage to a certain conjuncture ", warns Valentyn Gvozdii.

He adds that draft law No. 1013 jeopardizes the implementation of international obligations of Ukraine, since amendments to the Basic Law in 2016 regarding the exclusive rights of advocates to representation in courts was carried out in full compliance with the conclusion of Venice Commission.

"Advocate's exclusive right to representation in courts is a common practice in most democratic states of law. And this is the example that Ukraine should follow" –stated Valentyn Gvozdii.

Exclusive representation by advocates of the interests of clients in the courts operates in the overwhelming majority of European countries and in the USA. In countries such as Turkey, Spain, Italy and Germany, Bar is the only body authorized for representation at all levels of judicial proceedings. By signing the Association agreement with the European Union, our state has taken a course towards European country development, namely, bringing all its institutions and the current legislation to European standards.

 As you know, draft law No. 1013 envisages advocate's exclusive right to representation in courts in criminal proceedings, cancelling other cases envisaged by the current constitutional norms.

UNBA appealed to the Committee for Legal Policy, the President of Ukraine and the Parliament on the fact that the draft law No. 1013 should take into account the positions of the Bar, as well as obtain the conclusion of the Venice Commission

Draft law No. 1013, which amends the Constitution and cancels advocate's' exclusive right to the representation in courts, submitted to the Parliament agenda on Tuesday, January 14, for pre-approval.

UNBA's position on the inexpediency of canceling the constitutional norms on the exclusive right of lawyers to representation in courts is outlined in a separate section of UNBA's website.