Valentyn Hvozdiy: unconstitutional provisions of any law must be immediately removed by the Parliament
The purpose of the decision of the Constitutional Court, which declared several provisions of the Law of Ukraine "On Prevention of Corruption" unconstitutional, was to eliminate the levers of influence on the judiciary.
This conviction was expressed by the Deputy Head of UNBA, BCU Valentyn Hvozdiy during the second national discussion "Access to Justice: Realities and Prospects". Video of the performance can be viewed here.
Valentyn Hvozdiy stressed that this was the first bold decision made by a court in Ukraine recently.
"When we talk about the court today, we are primarily waiting for fair court decisions. We want the court to fulfill the function for which it was created - to ensure fair, transparent, efficient, prompt justice. This is possible in case the court is strong and independent. But today these words are heard so often that for the majority they have lost their meaning and have no practical reflection of their essence. Perhaps, the last decision of the CCU is a loud voice of the judiciary, which finally said its word and showed that judges really want to be independent,"- said Valentyn Hvozdiy.
The Deputy Head of UNBA and the BCU is convinced that the constitutional crisis was created artificially.
"I do not see any constitutional crisis in a country where there is a constitution aimed at setting boundaries for the government. The Constitution is adopted by the Parliament to ensure the observance of their rights and the guarantees they declare through the established mechanisms of restrictions on the balance of power. For the first time, in my opinion, the CCU made such a bold decision in the interests of the judiciary. If you reject all the hysteria, slogans, statements, there is a short and simple essence - you cannot exert influence and pressure on the judiciary from the executive branch. When the CCU said that we were removing leverage to make the courts fair, it was under attack. Such a discussion platform is needed to explain difficult things to people," - he said.
Valentyn Hvozdiy believes that the unconstitutional provisions of any law, which are recognized as such in any decision of the CCU, should be immediately eliminated through the Parliament.
"What needs to be done?" Firstly, do not shout "betrayal" and "everything is gone”. We need to write normal, high-quality laws, and move forward. In the law on prevention of corruption, the parliament should add one or two articles on 4 lines, which will outline the mechanism of anti-corruption control over judges, so that it does not put pressure on them. That's all, "- Valentyn Hvozdiy summed up.
It will be recalled that the second national discussion "Access to Justice: Realities and Prospects" took place on November 30. The co-organizers of the event are UNBA and the High Council of Justice. The full video of the event can be viewed here.
In October, UNBA issued a statement concerning the CCU's decision on the unconstitutionality of certain provisions of anti-corruption legislation, calling for the restoration of the supreme force of constitutional norms (https://unba.org.ua/news/5985-zayava-naau-shodo-rishennya-ksu-pro-nekonstitucijnist-okremih-polozhen-antikorupcijnogo-zakonodavstva.html).
Popular news
Guarantees of the practice of law
Police to investigate the NACP's attempts to reform advocacy
The Office of the Prosecutor General has opened a criminal investigation into alleged abuse of power by employees of the National Agency for Corruption Prevention.
Interaction
The UNBA and the Council of Judges of Ukraine are expanding their professional dialogue
On April 24, a working meeting was held between the President of the UNBA, BCU Lidiya Izovitova and the Chairman of the Council of Judges of Ukraine Vitaliy Salikhov. Topics discussed included formats for cooperation between bar and judicial self-governing bodies, the development of joint ethical standards, and the formation of a Selection Committee for the recruitment of members of the High Council of Justice.
Legal defence of military personnel
The model for legal assistance to veterans was discussed at the UNBA
A working meeting was held at the Ukrainian National Bar Association, during which representatives of the advocacy profession, the Ministry of Veterans Affairs of Ukraine and a foreign expert discussed approaches to providing legal aid to veterans, the role of the advocacy profession in this system, and the experience of other countries.
Guarantees of the practice of law
The CJU has endorsed guarantees of the legal profession’s independence and has proposed a meeting with the BCU
The Council of Judges of Ukraine has responded to a letter from the Bar Council of Ukraine regarding the inadmissibility of the High Council of Justice granting immunity to a member of the High Council of Justice — a privilege not provided for by law — as well as regarding violations of constitutional guarantees of the independence of the legal profession and attorney-client privilege.
Interaction
The UNBA and the Ministry of Veterans are expanding their cooperation
War veterans, their family members, as well as the family members of fallen Defenders of Ukraine are to receive improved access to professional legal assistance and additional opportunities for independent legal protection.
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.
Appointment
The UNBA will develop professional standards for advocates
The Ukrainian National Bar Association has established a Committee on Standards of the Legal Profession, whose work will focus on developing uniform approaches to the professional duties of advocates, competency requirements, continuing education, and the protection of attorney-client privilege.
Legal defence of military personnel
Representatives from the Ministry of Veterans Affairs and the UNBA discussed veterans' access to justice
On April 3, a working meeting was held at the Ministry of Veterans Affairs of Ukraine with representatives of the Ukrainian National Bar Association, dedicated to improving the effectiveness of legal protection for war veterans and their families.
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