UNBA delegation is attending a CCBE meeting in Vienna
The UNBA delegation, led by UNBA and BCU Chairman, Lidiia Izovitova, attends the plenary session of the Council of Bars and Law Societies of Europe in Vienna, marking the 60th anniversary of Europe's largest professional advocacy organization. The Ukrainian Advocacy is represented by the UNBA and BCU Deputy Chairman, Valentyn Hvozdii, the Head of the Supreme Bar Audit Committee Maksym Boldin, and the Chairman of the Committee on International Relations Ivan Hrechkivskyi.
UNBA has observer status in the CCBE and is a party to the Memorandum on Mutual Recognition of Professional Development in Europe, which enables Ukrainian advocates to earn points for study abroad.
“For Ukraine, the crucial role of the CCBE is to protect the rights of advocates and the guarantees of advocacy at the international level. The organization is constantly drawing attention to these issues worldwide. So, last year, the CCBE sent 78 letters to 31 countries in defense of advocates whose rights and independence were threatened”, said UNBA and BCU Chairman, Lidiia Izovitova.
The UNBA systematically informs the CCBE regarding the pressure on advocates in Ukraine. Thus, in 2019, 4 applications were received from the UNBA concerning the deprivation of advocate Tselovalnychenko's right to practice in the ECHR; on the decision of the BCU on the priority of the principles of the advocates' activity in rendering professional legal assistance (adopted in response to the violation of the rights of lawyers by the judges of the Supreme Anti-Corruption Court), and on obstruction of the work of the State Control Committee in Odessa. These appeals are on the agenda of the PECO Committee, which deals with the defense of the rights of advocates in Europe at the CCBE.
During the meeting of the CCBE Standing Committee, criminal issues were discussed in connection with the introduction of the post of prosecutor; issues of corporate social responsibility for bar associations in the aspect of diversity, draft CCBE legislative regulations on artificial intelligence. The event was attended by the leadership of the CCBE, presidents of the organization over the past 20 years, delegations from 32 CCBE member countries, delegations of associate members and observers, committees and working groups of the CCBE.
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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.
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.
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.
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?
Guarantees of the practice of law
The paradoxes of urgency: is it possible to investigate a crime before it is committed?
On September 24 in Kyiv, National Police officers detained an advocate during an emergency search, having caught him in the act of committing a crime. At the time, the pretrial investigation in this case had already been ongoing for more than four months.
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.
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.
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.
Publications
Vasyl Kolishnyi, «Law and Business» Supporting mental health should become part of the professional culture of the Bar, - H. Udovenko
Volodymyr Matsko Extradition during wartime: when the risks outweigh the request
Volodymyr Matsko Extradition as a systemic form of rights violations
Victoria Yakusha, Law and Business The anti-corruption vertical cannot «take care» of the Bar as an institution, - acting head of the HQDCB
Censor.net Protecting advocates – protecting justice: addressing concerns about the new law
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