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
Self-government
Efforts to develop advocacy must be brought to fruition — A. Misyats
The Ukrainian advocacy profession is currently going through a critical phase. Amid the war, it must ensure the continuity of legal aid, defend the independence of the profession, and improve qualification and disciplinary procedures in accordance with European standards. The work that has been started must be brought to a practical conclusion.
Support
Protecting the legal profession, cybersecurity and support for advocates: common themes for the IBA and the UNBA
On September 18, a working meeting was held at the office of the Ukrainian National Bar Association with Executive Director of the International Bar Association (IBA) Mark Ellis. The parties discussed the Ukrainian advocacy profession’s participation in European legal processes, the protection of the UNBA’s digital infrastructure, psychological support for advocates and future areas of cooperation.
Educational events
Tax residency of Ukrainians abroad: what matters
The determination of tax residency for Ukrainians who have been living abroad for an extended period depends on the combination of their personal and economic ties to each country. The established status determines the procedure for reporting income, paying taxes and fulfilling CFC reporting obligations.
War
Are Europe's advocacy associations prepared for a potential war? V. Gvozdiy shared lessons from the Ukrainian experience
The continuity of the bar’s self-governance, the protection of professional registries and archives, as well as equal guarantees of employment for advocates, judges, and prosecutors must be enshrined in advance in legislation in the event of war or another emergency.
Legal defence of military personnel
Payments to military personnel require clear and uniform criteria — UNBA Committee
The vagueness of terms in subordinate regulatory acts leads to differing interpretations of the grounds for paying additional compensation to military personnel. The UNBA has proposed harmonizing these acts and establishing transparent criteria for the allocation of funds.
Other
The CEC has recognized Andriy Misyats as an elected member of the Ukrainian parliament
The Central Election Commission has adopted a decision recognizing Andriy Misyats as an elected People’s Deputy of Ukraine. He is currently serving as acting chairman of the High Qualification and Disciplinary Commission of the Bar.
Tragic news
Former CCBE President James MacGuill has passed away
The Ukrainian National Bar Association expresses its condolences on the passing of James MacGuill — a renowned Irish advocate and former president of the Law Society of Ireland and the Council of Bars and Law Societies of Europe (CCBE).
Abroad
The EU is preparing to accede to the Convention on the Protection of the Professions of Lawyer
The European Union has been officially invited to become a party to the Council of Europe Convention on the Protection of the Professions of Lawyer as an international organization. The European Commission is already preparing draft decisions regarding the signing of the international treaty and subsequent accession to it.
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