Legislation on advocacy needs stability - Lydia Izovitova

Advocacy
14:26 Mon 09.11.20 877 Reviews
Print

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

A bill implementing the Convention on the Protection of the Professions of Lawyer has been introduced

Legislation

A bill implementing the Convention on the Protection of the Professions of Lawyer has been introduced

The constitutional guarantees of legal aid, defense, and the independence of advocacy cannot be realized without protecting advocates from unwarranted interference in their professional activities, including searches, the seizure of professional materials and the use of criminal procedural mechanisms to exert pressure.

14:08 Mon 05.10.26 200
The CCBE is discussing European justice and issues related to the protection of advocates

Abroad

The CCBE is discussing European justice and issues related to the protection of advocates

Today, October 2, a meeting of the Standing Committee of the Council of Bars and Law Societies of Europe (CCBE) is taking place in Brussels. On the agenda are the protection of the advocate profession, the rule of law, attorney-client privilege, and changes in the European justice system.

14:04 Fri 02.10.26 148
The UNBA presented the key provisions of the future law on advocacy in Brussels

Rule of Law Roadmap

The UNBA presented the key provisions of the future law on advocacy in Brussels

The Ukrainian National Bar Association presented its proposals for the upcoming law on advocacy, aligned with the Rule of Law Roadmap. The presentation covered topics such as access to the profession, self-governance, disciplinary procedures, professional development and guarantees for the practice of advocacy.

20:36 Thu 01.10.26 197
Advocates were taught to voice their complaints without making accusations

Educational events

Advocates were taught to voice their complaints without making accusations

In a difficult conversation, it’s easy to confuse facts with opinions, feelings with accusations, and requests with demands. How can you express dissatisfaction, explain your own needs, and propose a specific solution while still allowing your conversation partner the opportunity to refuse or suggest an alternative?

10:29 Wed 30.09.26 124
The paradoxes of urgency: is it possible to investigate a crime before it is committed?

Guarantees of the practice of law

The paradoxes of urgency: is it possible to investigate a crime before it is committed?

On September 24 in Kyiv, National Police officers detained an advocate during an emergency search, having caught him in the act of committing a crime. At the time, the pretrial investigation in this case had already been ongoing for more than four months.

18:01 Mon 28.09.26 106
Unrestricted access to advocates' accounts poses a risk of client data disclosure — BCU

Guarantees of the practice of law

Unrestricted access to advocates' accounts poses a risk of client data disclosure — BCU

Information regarding transactions in the bank accounts of an advocate, a law firm, or a bar association from which clients can be identified, as well as the fact and subject matter of a request for legal assistance, the purpose of payments, and the amount of the fee constitutes attorney-client privilege. This rule applies regardless of whether the information also constitutes banking information and is in the possession of a bank.

16:47 Sat 26.09.26 118
The contract provides for a video conference, but the court requires in-person appearance: how should an advocate proceed?

Guarantees of the practice of law

The contract provides for a video conference, but the court requires in-person appearance: how should an advocate proceed?

Many advocates today work remotely; therefore, their agreements with clients provide for the provision of legal assistance via videoconferencing. However, this form of work does not, in and of itself, create an unconditional obligation for the court to conduct every hearing via videoconference.

16:25 Sat 26.09.26 122
Independent oversight is necessary before using CISA materials against an advocate – Lidiya Izovitova

Guarantees of the practice of law

Independent oversight is necessary before using CISA materials against an advocate – Lidiya Izovitova

Before the prosecution uses information obtained during covert investigative actions and related to an advocate’s activities, independent procedural oversight must be conducted. It is necessary to determine whether such information is covered by attorney-client privilege and whether it may be disclosed.

15:47 Fri 25.09.26 256

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

Оберіть файл