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
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.
Announcements
Essay contest on the synergy of human and artificial intelligence in diplomacy has begun
The Educational and Scientific Institute of International Relations at Taras Shevchenko National University of Kyiv invites students from higher education institutions in Ukraine to participate in the Second All-Ukrainian essay competition on the topic «Modern Ukrainian diplomacy: synergy of human and artificial intelligence in defending national interests».
Abroad
Where is the line between respect for the court and the dignity of an advocate?
Ukrainian advocates sometimes complain about condescending attitudes or tactless remarks from judges. But such conflicts are not unique to Ukraine. In various countries, advocates raise issues of communication culture in court, mutual respect, and the inadmissibility of humiliating participants.
Discussion
Occupational safety during wartime: legal risks and employer liability
On October 21, the National Bar Association of Ukraine held a round table discussion on «Occupational safety in conditions of martial law». Participants discussed how the war has changed the requirements for safe working conditions, what guarantees remain for employees, and what responsibility employers bear for violations of legislation in this area.
Abroad
The Czech advocacy has spoken out in defense of the professional independence of its Ukrainian colleagues
The Czech Bar Association (Česká advokátní komora, ČAK) will appeal to Ukrainian President Volodymyr Zelenskyy and Ukrainian authorities to ensure the preservation of the independence of advocacy in Ukraine.
Legal defence of military personnel
When agreement is (im)possible: family disputes involving military personnel
The number of family cases involving military personnel is growing, with the most common issues being divorce, division of joint property, alimony, deprivation or contestation of parental rights, adoption, establishment of guardianship, and cases related to domestic violence.
Self-government
Marina Stavniychuk: The UNBA is a professional organization, not a monopoly
A unitary state requires uniform standards for access to the profession and disciplinary responsibility, which is why the Ukrainian National Bar Association acts as a professional organization. Accusations of monopoly are false, because public associations cannot replace professional self-government.
Legislation
UNBA warned about the risks of uncoordinated changes regarding incapacitated persons
The Ukrainian National Bar Association supports the idea of strengthening guarantees for persons declared legally incompetent by a court, but warns against adopting changes that are not coordinated with each other. To ensure real, rather than declarative, protection of rights, a systematic review of the provisions of the Civil Code and the Code of Civil Procedure is necessary.
Publications
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
Iryna Vasylyk Advocacy in the proclamation of Independence of Ukraine
Oleksandr DULSKY When we cross the border of the Supreme Anti-Corruption Court, we get into another department of the National Anti-Corruption…
Vadym Krasnyk The UNBA will work, and all obstacles and restrictions are only temporary inconveniences