In the sphere of development of judicial reform, the role of international experts and institutions has crossed constitutional boundaries - Maryna Stavniychuk

Advocacy
20:00 Mon 30.11.20 346 Reviews
Print

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

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 05.10.26 205
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 02.10.26 153
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 01.10.26 205
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 30.09.26 129
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 28.09.26 110
A side effect of the video conference: the judge mistook the sound of a chair for the advocate's response

Guarantees of the practice of law

A side effect of the video conference: the judge mistook the sound of a chair for the advocate's response

Technology also has its downsides. The High Council of Justice acquitted a judge who failed to hear the advocates during court proceedings in a civil case. One of the arguments presented to the disciplinary body was poor connectivity, the risks of which are borne by the participants.

17:22 Mon 28.09.26 101
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 26.09.26 124
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 26.09.26 126

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

Оберіть файл