In the sphere of development of judicial reform, the role of international experts and institutions has crossed constitutional boundaries - Maryna Stavniychuk
The Head of the UNBA Committee on the Rule of Law Maryna Stavniychuk pointed out the mistakes in the implementation of international cooperation with the Venice Commission and donor organizations. She mentioned them during her speech at the second national discussion "Access to Justice: Realities and Prospects". The co-organizers of the event are UNBA and the High Council of Justice.
"The tendency inherent in the so-called reform process is the inability of the Ukrainian authorities to cooperate with international institutions. This was indirectly stated by the Venice Commission in the conclusion on the bill №3711, which recorded low-quality unstable legislation, improper constitutional and legislative process, non-compliance with the law," - Maryna Stavniychuk reminded. The Ukrainian authorities also informed the Venice Commission that Ukraine had made additional commitments to reform the judiciary, including involving international donors in the judiciary.
"However, we understand that if the government wants to fulfill these obligations, the changes should be made to the Article 1 of Constitution, which will say that Ukraine is not always sovereign and independent, shares some power with the EU or European institutions," - Maryna Stavniychuk said.
She stressed that the criteria and requirements for donor organizations are not defined. Also, funding for donor projects in Ukraine has been the subject of anti-corruption investigations.
"If you raise a question concerning the participation of international experts on behalf of donor organizations, what are the criteria for donation - those for the development of Ukrainian statehood or for the possibility of establishing a corresponding colony of foreign states in our country. This is a matter of big politics, " - said Maryna Stavniychuk. However, she stressed that the dominant role of international experts is unconstitutional. "In exercising our powers, we can use the recommendations and advice of foreign organizations and states that have best practices, but the replacement of the powers of national bodies by representatives of other states and organizations does not comply with the Constitution," - Maryna Stavniychuk said.
Among the emergency measures, she suggested assessing the quality of the work of institutes already established with the participation of international experts; to renew the composition of the High Qualification Commission of Judges of Ukraine; to analyze the activities of the High Qualification Commission of Judges of Ukraine and the High Council of Justice.
"The concept approved in 2015 has not been repealed. It stipulates that the High Qualification Commission of Judges of Ukraine and the High Council of Justice are a single body. Although such a concept has not been canceled, another is proposed today. It has always been said that the High Council of Justice and the High Qualification Commission of Judges should consist of the most authoritative people in this field, which is in line with European principles. Today, competitive procedures are offered, in which the issue of authority is not key, although it has always been held as the key in several conceptual documents. Let us see how we understand the proceedings, what is the participation of the parties in the case, what are their procedural rights, how is the policy in the field of justice to be formed. Then we will keep the constitutional principle of the formation of the High Council of Justice, and it may have the sense to return to the same principle in the strategic decision concerning the work of the High Qualification Commission of Judges of Ukraine, and not vice versa - through competitions that allow being appointed due to foreign influence ", said Maryna Stavniychuk.
It must be recalled that the second national discussion "Access to Justice: Realities and Prospects" took place on November 30. The co-organizers of the event were UNBA and the High Council of Justice. The agenda of the discussion included strategic issues of judicial reform, 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. The video version can be found through the following link: https://www.youtube.com/watch?v=48cOOGcaorg.
Popular news
Rule of Law Roadmap
Lidiya Izovitova: reform of the advocacy profession should make the profession stronger and individuals better protected
The Ukrainian advocacy community is finalizing work on a new version of the relevant law. The roadmap on the rule of law has set the fourth quarter of 2026 as the deadline for achieving results in this area. The draft is intended to ensure safeguards for the practice of law through mechanisms of accountability for violations.
Abroad
The first country to ratify the Convention on the Protection of the Professions of Lawyer
Bosnia and Herzegovina became the first country to ratify the Council of Europe Convention on the Protection of the Professions of Lawyer (CETS No. 226). The country signed the Convention on March 17, 2026, so it took just over seven months to ratify it.
Support
In Edinburgh expressed gratitude to those who are helping Ukrainian advocates and citizens
Since the start of the full-scale invasion, Scottish legal institutions and the Ukrainian community, with the participation of the UNBA, have been helping Ukrainian advocates obtain their qualifications and Ukrainians receive legal assistance. The parties are now planning joint professional and educational events.
Educational events
An advocate's meeting with a client outside the office: how to conduct it without giving away too much
If a client suggests meeting in a public place, keep in mind that any name or amount mentioned aloud could be overheard by bystanders. Therefore, it’s important to plan ahead regarding the table, seating arrangements, and the scope of the conversation.
Legislation
The UNBA explained what could undermine the plan to introduce plea agreements
Information regarding who pays whom, how much, and on what grounds under a plea agreement must be made public. However, as long as this information is classified as a state secret or personal data, the court will continue to be able to close proceedings and restrict access to judgments.
Interaction
The UNBA and the German Institute for Eastern Law will prepare joint legal opinions
Ukrainian advocates and German legal scholars will jointly prepare comparative legal studies, expert opinions, and professional events. The UNBA reached this agreement with the Institute for Eastern European Law in Regensburg, which has been researching the laws of Central and Eastern European countries for nearly 70 years.
Legislation
Proceedings against military personnel following AWOL require clear deadlines — UNBA
A soldier’s return to duty after AWOL does not necessarily mean the end of criminal proceedings. To ensure that the case does not remain at the pretrial investigation stage, a clear procedure for the investigator and prosecutor is required.
Educational events
A one-time payment or royalties? Students were briefed on changes to copyright agreements
As a general rule, property rights to a work created by an employee are transferred to the employer, but the author retains the right to remuneration. European law requires that this remuneration be based on the actual income generated by the work, rather than being limited to a one-time payment.
Publications
Vasyl Kolishnyi, «Law and Business» Supporting mental health should become part of the professional culture of the Bar, - H. Udovenko
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