Legislation on advocacy needs stability - Lydia Izovitova
Head of UNBA and BCU, Lydia Izovitova took part in the 10th-anniversary international scientific-practical conference "Advocacy: past, present, and future". The event is organized by the National University "Odessa Law Academy".
In her welcoming speech, the UNBA Chairman reminded how the legislation on the bar was formed during the modern history of Ukraine. The Law on Advocacy of December 19, 1992, was adopted, which for the first time in Ukraine defined and began to regulate the status of the attorney. This law deprived authorities, in particular the Ministry of Justice, of the function to monitor and control the bar, thus it became truly independent. Then the Bar initiated the adoption of the Law "On the Bar and Legal Practice" in 2012.
"Thanks to the Bar Association, we received the Law “On the Bar and Legal Practice "dated July 5, 2012. We always take the position that this is a European legal act. He puts the Ukrainian bar on a par with the bars of democratic States of Europe in terms of its status and the scope of professional guarantees,” - Lydia Izovitova stressed.
However, since 2016 the attempts have been made to radically change this law, or rather to make it worse. These attempts were made during the next stage of judicial reform, which was expected to reform the institutions related to the judiciary.
"There was an attempt to involve advocacy in the process of unsystematic politicized unprofessional changes to the law. The reform of the bar in the state, which has the newest Law on the Bar in Europe developed on the basis of the recommendations of the Venice Commission and the Parliamentary Assembly of the Council of Europe, looked strange," the UNBA President said.
However, this process had two unacceptable parameters: deviation from the already implemented European standards and the exclusion of attorneys from the process of preparing the reform of relevant legislation.
"Unfortunately, the professional judicial community has not been able to defend its right to vote, and this is one of the obvious reasons for the failure of judicial reform. However, attorneys defended the right to participate in the development of changes and blocked unacceptable restrictions on professional rights," -Lydia Izovitova said.
Nowadays, the legislation on the bar needs stability, although there are attempts to change it. "Chaotic attempts to change the status of the bar are made not through the changes of our profile law. We are witnessing the adoption of certain legislative acts that try to bring attorneys under the control. This is an attempt of the Ministry of Justice to introduce the so-called peer review in the system of free legal aid, which constitutes an interference in the activities and legal position of an attorney, and violates the principle of legal secrecy. This includes financial monitoring, the introduction of the status of whistleblowers at the legal level, and the preparation of the draft on public electronic registers that threatens the status of the Bar Council of Ukraine,” - the UNBA Chairman commented, noting that legal secrecy was attacked by non-professional legislative initiatives.
The work of attorneys has become extremely difficult due to objective obstacles to access to justice and the violation of the principles of equality and adversarial proceedings. This is especially noted by the Supreme Anti-Corruption Court. Attorneys are under public pressure, the main tool of which is the identification of attorneys and clients. Additional problems arose during the COVID-19 pandemic when judges openly used quarantine restrictions to discriminate the defense.
"If the European institution - the Venice Commission - insists on the stability of the legislation on the judiciary, this approach should be applied to the legislation on the bar. The current law made it possible to create an effective system of bar self-government bodies, guaranteed the independent activity of lawyers, and a large number of professional rights. Further changes to the legislation should provide answers to the real problems of the bar, not artificial assessments," the UNBA Chairman emphasized.
Such problems are the proper protection of lawyers' rights and the inevitability of liability for their violations. "Sooner or later we will have to improve our profile law and we have been working for a long time to improve its quality. I hope that its quality and content will depend only on our will, professionalism, and ability to offer working solutions," Lydia Izovitova said.
The topics of the conference included various aspects of the legal profession - from legal education, practical advocacy to the case-law of the European Court and the history of the legal profession in Ukraine. The event was held on the eve of the 8th anniversary of UNBA, which will be celebrated on November 17.
Popular news
Legislation
The path to ratification of the Convention must not end in yet another delay — L. Izovitova
Ukraine’s preparations for the ratification of the Council of Europe Convention on the Protection of the Professions of Lawyer have already passed key stages. Now, government institutions must submit the matter to the Verkhovna Rada for consideration. In doing so, Ukraine may complete the ratification process faster than EU member states.
Guarantees of the practice of law
Ukraine could be the first to implement a European mechanism for the protection of advocates. What’s holding it back?
Ukraine has a chance to be the first country to ratify the Council of Europe Convention on the Protection of the Professions of Lawyer. Political support for this exists, but the government’s legislative package has not yet been submitted to parliament. Meanwhile, the number of violations of advocates’ rights is on the rise.
Educational events
How can an advocate verify that work has been completed if the client refuses to sign the report?
When billing by the hour, the primary document for determining the fee may be a detailed report on the time spent by the advocate and the work performed. To prevent the client from withholding payment, the contract should specify in advance the procedure for submitting and approving such a report.
Self-government
The BCU took note of the public appeal from the HCJ
The Bar Council of Ukraine has determined that, given the current security situation, it is objectively impossible to hold, in accordance with the procedure established by the Law «On the advocacy and the practice of law», meetings of advocates, regional conferences of advocates and the Congress of Ukrainian Advocates, including for the purpose of electing two members of the High Council of Justice under the quota allocated to the Congress of Ukrainian Advocates.
War
The BCU has launched a digital project «Wall of Remembrance and Honor»
The Bar Council of Ukraine has adopted a resolution to launch the digital project «Wall of Remembrance and Honor». To this end, the UNBA is beginning to collect information on advocates and paralegals who lost their lives as a result of the Russian Federation’s armed aggression against Ukraine.
Interaction
Energy law: the UNBA and the ADMGE have agreed to cooperate
Advocates will deepen their professional expertise in the field of energy law, and participants in the distributed and flexible generation market will have greater opportunities to obtain professional legal assistance.
Educational events
How glasses help you switch off advocate mode – a lifehack
The constant need to be available to clients, thinking about cases outside of work hours, and internalizing others’ emotions blur the line between an advocate’s professional and personal life. That is why it is important to practice switching between contexts, use external «anchors» and separate one’s own responsibilities from those of the client.
Educational events
Where does an advocate's time go and what do they get in return
To assess balance in life, it’s worth identifying the areas where the most effort, time, and money are directed, and then determining what a person receives in return: income, respect, support, love, a sense of significance or the fulfillment of an important idea.
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