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

Advocacy
19:00 Wed 13.05.20 572 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

UNBA initiatives to implement the Roadmap were supported by international experts

Legislation

UNBA initiatives to implement the Roadmap were supported by international experts

International experts who participated in the inaugural meeting of the Working Group on the implementation of the Roadmap on the rule of law in advocacy and agreed to join it expressed their support for the initiative of the Ukrainian National Bar Association.

14:34 Wed 07.01.26 123
How will the group responsible for implementing the Roadmap for advocacy operate?

Legislation

How will the group responsible for implementing the Roadmap for advocacy operate?

The working group on the implementation of the Roadmap on the rule of law in the area of advocacy will operate at several levels: plenary meetings as a platform for adopting framework decisions, a coordination bureau for compiling documents and calendar control, and thematic subgroups for preparing norms and their justification. International experts will verify the results against European standards and «red lines».

15:35 Tue 06.01.26 119
Advocacy is a responsible entity, not a critic of reform — V. Gvozdiy

Legislation

Advocacy is a responsible entity, not a critic of reform — V. Gvozdiy

The Roadmap on the Rule of Law is not a basis for restructuring the model of advocacy, but a framework for verifying and improving the already European-oriented system. At the same time, part of the work has already been done, so further progress should be made in the form of coordinated and practical decisions.

19:31 Fri 02.01.26 107
BCU: NACP initiatives regarding advocacy are unconstitutional interference

Self-government

BCU: NACP initiatives regarding advocacy are unconstitutional interference

The Bar Council of Ukraine has condemned the initiatives to reform the advocacy proposed by the National Agency for Corruption Prevention as direct, gross, and systematic interference by the executive branch in the activities of an independent constitutional institution.

14:21 Wed 31.12.25 135
UNBA program for implementation of the Roadmap on the rule of law published

Self-government

UNBA program for implementation of the Roadmap on the rule of law published

In order to ensure the implementation of measures set out in the Roadmap on the Rule of Law, the Bar Council of Ukraine approved a program for its implementation in relation to the reform of advocacy.

14:56 Tue 23.12.25 151
The results of the CISA cannot be used in disciplinary proceedings against advocates – BCU

Professional Conduct

The results of the CISA cannot be used in disciplinary proceedings against advocates – BCU

Materials obtained through covert investigative (search) activities involving interference in private communications cannot be transferred or used in disciplinary proceedings against advocates. This is because the Code of Criminal Procedure does not allow investigators or prosecutors to use such materials outside of criminal proceedings.

17:19 Sat 13.12.25 107
Access to advocate contacts in URAU has been restored

URAU

Access to advocate contacts in URAU has been restored

The Bar Council of Ukraine has opened up public access to data from the Unified Register of Advocates of Ukraine, which was closed at the start of the full-scale invasion in 2022. The decision was made at a meeting on December 12–13.

16:59 Sat 13.12.25 290
Members of the QDCB are not required to submit declarations - BCU

Self-government

Members of the QDCB are not required to submit declarations - BCU

Bar Council of Ukraine examined the legal status of members of bar self-government bodies and found that they are not required to submit declarations of persons authorized to perform functions of state or local self-government.

18:07 Fri 12.12.25 173

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

Оберіть файл