Judicial reform bills contain distorted international obligations - ex-NACP member

Advocacy
9:08 Tue 01.12.20 434 Reviews
Print

             Oleksandr Seryogin, a former member of the National Agency on Corruption Prevention (hereinafter - the NACP) and an associate professor at the Institute of International Relations, is convinced that the role of international experts in the formation of the judiciary is interpreted in the draft laws on judicial reform as distorting Ukraine’s international obligations.

             He stated this during the second national discussion "Access to Justice: Realities and Prospects".

             "We are ready to overfulfill the obligations, according to these bills, to solve the problems that will arise after over fulfillment. The destruction of the judicial selection system, which is the core of statehood and the judicial system, constitutes the end of statehood and a systemic problem. These bills are a distortion, an imitation of performance of international obligations ", - Oleksandr Seryogin considers.

             The scientist referred to the text of the letter to the IMF Managing Director dated 02.06. 2020, signed by the President of Ukraine and other officials, stating that "Ukraine will ensure that the management and implementation of the selection process of judges and disciplinary mechanisms will be carried out by persons with a high level of competence, trust, and integrity."       However, the implementation of this idea must comply with the Constitution. If international obligations contradict the Constitution of Ukraine, constitutional amendments are required to accede to such international obligations.

             "In proposing these bills, we should not rewrite international obligations that have the highest legal force. Moreover, we should not rewrite such in a way that contradicts the Constitution. Speaking about the declaration system, if a body with the involvement of third parties is created, then, according to our legislation, this body performs state functions. Therefore, members of these bodies must submit declarations. However, this body was given an advisory status. At the same time, in the proposed bills, advisory functions are completely changed and the functions of state power are appropriated, which contradicts the Constitution,”- Oleksandr Seryohin stressed.

             Similarly, he called that the bills are distorted because of the interpretation of the obligation to strengthen administrative procedures as a mechanism to ensure a high level of judicial review of cases in which the decisions of national authorities are challenged.

             The former NACP member also criticized the idea of ​​an expert commission for pre-selection of candidates for the High Council of Justice, which has state functions. In his opinion, this replaces the constitutional subjects of the High Council of Justice formation, prescribed in Article 131.

             "There are constitutional entities that have the appropriate powers to form a body of judicial governance. To allow these subjects to choose from among the candidates already pre-elected by someone is, at least, a bold attack on their powers, " - Oleksandr Seryogin said.

             This position was supported by the Head of the UNBA Committee on Free Legal Aid Oleksandr Drozdov, who referred to the Vienna Convention on the Law of Treaties. "Article 31 states that" international treaties are interpreted in good faith, in accordance with the ordinary meaning to be given to the terms of the treaty in their context, and in the light of its object and purpose." The one should not take from there those things which are not mentioned, and then apply them at the level of the national legislation,"- said Oleksandr Drozdov.

             We recall that during the discussion on November 30 such themes as the role of professional communities in the development of legislation on the judiciary and the bar, the constitutional aspects of the participation of international experts in the formation of judicial governance were discussed. You can watch the full video of the event here.

Popular news

A report on Ukrainian advocacy was presented in the European Parliament

Self-government

A report on Ukrainian advocacy was presented in the European Parliament

Can a shadow report on advocacy replace the political framework of the Roadmap on the rule of law with demands for the restructuring of self-government? Where is the line between accountability and the seizure of institutions? And how can we respond to narratives with data rather than impressions?

15:28 Fri 06.02.26 153
Proceedings opened following attack on advocate in Dnipro

Guarantees of the practice of law

Proceedings opened following attack on advocate in Dnipro

The Committee for the protection of advocates' rights and guarantees of legal practice of the UNBA appealed to law enforcement agencies in connection with an advocate's report of an attack while performing his professional duties. The information was entered into the Unified Register of Pre-trial Investigations and a pre-trial investigation was initiated.

15:53 Wed 04.02.26 152
UNBA office opens in EU capital

Abroad

UNBA office opens in EU capital

To strengthen the institutional presence of the Ukrainian advocacy community at the European level, an office of the Ukrainian National Bar Association has been opened in Brussels (Belgium), which will serve as a permanent platform for dialogue with European partners.

18:21 Thu 29.01.26 140
The President was urged to sign the law on strengthening guarantees for advocacy activities

Guarantees of the practice of law

The President was urged to sign the law on strengthening guarantees for advocacy activities

The professional community of advocates called on Ukrainian President Volodymyr Zelenskyy to sign Law No. 4547-IX, which strengthens guarantees for advocates' activities, in particular by introducing liability for identifying an advocate with a client.

13:06 Tue 27.01.26 107
Lidiya Izovitova received an award from the Czech Bar Association

Greetings

Lidiya Izovitova received an award from the Czech Bar Association

On January 23, during the gala evening of the Lawyer of the Year 2025 competition in Prague, Monika Novotná, President of the Czech Bar Association (ČAK), presented Lidiya Izovitova, President of the UNBA, BCU, with the Order of the Czech Bar, an award for distinguished representatives of foreign bar associations.

12:09 Mon 26.01.26 103
Oleksiy Shevchuk appointed to the Competition Commission for the selection of SAPO management

Appointment

Oleksiy Shevchuk appointed to the Competition Commission for the selection of SAPO management

Prosecutor General Ruslan Kravchenko issued order No. 405 of December 23, 2025, on the appointment of members of the Competition Commission, which will select candidates for vacant administrative positions in the Specialized Anti-Corruption Prosecutor's Office (SAPO).

13:35 Fri 23.01.26 102
Identifying an advocate with a client is a blow to justice, — V. Gvozdiy

Guarantees of the practice of law

Identifying an advocate with a client is a blow to justice, — V. Gvozdiy

By defending individuals in criminal proceedings, advocates are in fact fighting for every person's right to a fair trial. Therefore, any identification of an advocate with their client is a blow not only to the profession, but also to justice itself.

13:10 Mon 19.01.26 115
Impunity for public stigmatization of advocates violates the constitutional right to defense

Guarantees of the practice of law

Impunity for public stigmatization of advocates violates the constitutional right to defense

The prohibition of identifying an advocate with a client is an international standard enshrined in the Law «On advocacy and legal practice». However, without accountability, this guarantee does not work, which poses a direct threat to the realization of the right to defense and the principle of adversarial proceedings.

13:11 Fri 16.01.26 127

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

Оберіть файл