The ICJ recognized the positive bar reform of 2012, which ensured its independence
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
Legislation
Advocates have warned that the draft Labor Code would curtail workers' protections
Certain provisions of the draft Labor Code of Ukraine regarding collective labor disputes undermine labor protections and do not comply with constitutional and international standards.
Educational events
The right of minors to marry: how judicial oversight works
The issue of granting minors the right to marry lies at the intersection of family law, child protection, and judicial discretion. The UNBA Committee on family law dedicated a webinar held on March 30 to this very topic.
Interaction
The UNBA and the Coordination headquarters have agreed to cooperate in assisting those released from captivity
Servicemen released from captivity, family members of prisoners of war, civilians deprived of their personal liberty as a result of armed aggression, as well as persons missing in connection with the war, will gain additional opportunities to access legal assistance and protect their rights.
Self-government
BCU: The HCJ’s decisions undermine the constitutional guarantees of the independence of the advocacy profession
The Bar Council of Ukraine has concluded that, in its recent decisions, the High Council of Justice has, without legal grounds, called into question the right of bar self-governing bodies to protect the guarantees of legal practice and has, in effect, attempted to grant one of its members — who retains the status of an advocate — special immunity from the Rules of professional conduct and disciplinary responsibility.
Announcements
The Bar Council of Ukraine begins its meeting
Today, April 2, a meeting of the Bar Council of Ukraine is taking place in Kyiv. On the agenda are issues related to the activities of bar self-governing bodies, consideration of a decision by the High Council of Justice, a number of appeals, as well as a discussion of the current state and pressing issues regarding the functioning of the legal aid system.
Interaction
The UNBA and the National Guard have agreed to cooperate on legal protection for military personnel
Servicemembers of the National Guard, their family members, and veterans are to receive additional legal tools to protect their rights, while the National Guard’s legal services will receive methodological and expert support.
Interaction
Protecting the rights of service members: The UNBA and the Military Ombudsman have agreed on cooperation
Servicemembers, reservists, conscripts during training exercises, members of local community volunteer units, and other individuals covered by the Law «On the Military Ombudsman» should have better access to professional legal assistance.
Discussion
New Labor Code: advocates highlight the strengths and risks of the draft
The draft Labor Code contains a number of progressive provisions aimed at modernizing labor legislation: digitizing procedures, expanding forms of employment, and increasing transparency in wage payments. At the same time, certain systemic issues require further refinement.
Publications
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
Sergiy Vylkov Our judicial system is so built that courts do not trust advocates