The ICJ recognized the positive bar reform of 2012, which ensured its independence

Advocacy
19:00 Wed 13.05.20 552 Reviews
Print

The reform of 2012 created challenges for the profession, though subsequent events have shaped its institutional independence which has crystallized in its active support of lawyers under threat.

This is stated in particular in the report of the International Commission of Jurists (ICJ) called «Between the Rock and the Anvil: Lawyers under Attack in Ukraine» issued following ICJ one-week mission to Ukraine from 4 to 8 March 2019 to assess the situation of security and independence of lawyers.

The report states that prior to the 2012 reform, membership in the Bar Association was not mandatory and there was no single structure governing all practicing lawyers, i.e. a National Bar Association. In 2012, the new law “On the Bar and Legal Practice” (currently in force) was adopted 59 The law launched a reform of the legal profession aiming to establish a national Bar Association with mandatory membership 60 The European Commission for Democracy through Law (the Venice Commission) of the Council of Europe published an opinion on the draft law concluding that “[t]he draft Law [was] coherent and provide[d] a good basis for regulating the profession of the advocate”.

The ICJ stressed that it was the National Bar Association of Ukraine that ensured the independence of the bar not only at the legislative level, but also in practice, going through a period of instability.

«This independence constitutes an important achievement which should not be underestimated or taken for granted. The independence of the the profession is a bedrock for the independence of the justice system which cannot function effectively without independent lawyers”, - the report said.

At the same time, the ICJ recommended changes to be made in Ukraine and noted that UNBA, as well as individual lawyers, should be involved at every stage of drafting legislation on its operation, in particular those relating to the bar and the Bar Association itself.

UNBA should participate in public discussions on issues related to legislation, the functioning of the justice system, and the promotion and protection of human rights through the justice system. The Bar Association should also be involved in consultations on other legislative procedures that may affect the rights and independent status of the bar,” - the report said.

It will be recalled that this was repeatedly emphasized by UNBA President Lidiia Izovitova when the Verkhovna Rada was adopting the draft law № 1013 on the abolition of the advocate's monopoly. However, the position of UNBA was not taken into account - the document was preliminarily approved in January 2020.

The ICJ was established in 1952 and operates on five continents. Its purpose is to ensure the progressive development and effective application of international human rights law and international humanitarian law; ensuring the realization of civil, cultural, economic, political and social rights; protection of the separation of powers; and guaranteeing the independence of the judiciary and the legal profession

Popular news

Urban Planning Code: what should the new rules for rebuilding Ukraine be?

Discussion

Urban Planning Code: what should the new rules for rebuilding Ukraine be?

Does Ukraine need separate codification in the field of urban planning, which model of law to choose, and how to ensure a balance between the interests of the state, communities, businesses, and citizens in the context of post-war reconstruction?

15:49 Wed 12.11.25 157
The Verkhovna Rada took another step towards ratifying the Convention on the protection of the profession of advocate

Guarantees of the practice of law

The Verkhovna Rada took another step towards ratifying the Convention on the protection of the profession of advocate

On November 5, the Verkhovna Rada held a working meeting dedicated to the translation of the Council of Europe Convention on the protection of the profession of advocate for its subsequent signing and ratification. The issue was initiated by the Ministry of Foreign Affairs, which drew attention to the key term «lawyer» in the international treaty.

18:19 Thu 06.11.25 168
NACB is looking for corruption risks in its activities. Advocates are asked to help

Interaction

NACB is looking for corruption risks in its activities. Advocates are asked to help

The National Anti-Corruption Bureau of Ukraine has launched a survey aimed at gathering information to identify corruption risks in the activities of the National Bureau and prepare an Anti-Corruption Program for 2026–2028.

13:38 Thu 06.11.25 130
Agreement on the provision of lobbying services: a template for advocates has been developed by the UNBA

Interaction

Agreement on the provision of lobbying services: a template for advocates has been developed by the UNBA

The Ukrainian National Bar Association has prepared a model agreement for the provision of lobbying services that complies with the requirements of the relevant law and takes into account the specific features of such activities carried out by persons providing legal assistance.

12:51 Tue 04.11.25 130
Nana Bakayanova awarded with the Certificate of honor of the Verkhovna Rada of Ukraine

Greetings

Nana Bakayanova awarded with the Certificate of honor of the Verkhovna Rada of Ukraine

Nana Bakayanova, head of the Department of judicial, law enforcement and advocacy organizations at the Odessa Law Academy and secretary of the disciplinary chamber of the Odessa Region Qualification and Disciplinary Commission, received a Certificate of honor from the Verkhovna Rada of Ukraine.

15:23 Thu 30.10.25 156
Law and feelings: advocates explore contemporary challenges in family law

Discussion

Law and feelings: advocates explore contemporary challenges in family law

Marriage and divorce are not only legal procedures, but also social phenomena that require a responsible approach. The UNBA Committee on family law organized and held a professional discussion on the topic «Conscious» marriage and «prudent» divorce: challenges, risks, consequences».

12:46 Thu 30.10.25 184
BCU strengthens its position on the right of advocate to prioritize cases

Practice of law

BCU strengthens its position on the right of advocate to prioritize cases

In legal practice, it is not uncommon for court hearings in different cases to be scheduled at the same time. This raises the question: which case should the advocate attend first, and can the court interfere with this decision?

13:12 Tue 28.10.25 244
Advocate or lobbyist? The UNBA has presented a guide to distinguishing between the professions

Edition

Advocate or lobbyist? The UNBA has presented a guide to distinguishing between the professions

The Ukrainian National Bar Association has prepared a guide that helps distinguish between the legal status of an advocate and a lobbyist, explains the limits of permissible activities for each, and prevents possible violations of ethical and legal standards when participating in public policy-making.

18:42 Fri 24.10.25 270

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

Оберіть файл