UNBA proposes to recognize COVID-19 as a justifiable reason to adjourn the court hearing at the legislative level
The National Bar Association of Ukraine calls on the parliament to amend the procedural codes and to indicate that COVID-19 is a justifiable reason to adjourn the case.
This was stated by the President of UNBA Lydia Izovitova at a meeting of the Bar Council of Ukraine on March 19, 2021.
She noted that over the past year, quarantine has led to pressure on attorneys and restrictions on their professional rights as litigants. A lawyer's failure to appear in court due to health or inability to be physically present was often considered as an unreasonable excuse. And there were many such cases throughout Ukraine.
"This was particularly true for the Supreme Anti-Corruption Court, which is located in the capital city, but in which by attorneys from the regions have their practice. Some judges have even appealed to the Higher Qualification and Disciplinary Bar Commission of Ukraine, insisting that such attorneys` conduct violates rules of professional ethics. In the middle of the last year, there were more than 30 such complaints. Judges can be expected to continue this practice for the time being, and we need to be informed of such cases and respond appropriately. I ask the regional councils to inform us immediately if such cases occur", - Lydia Izovitova said.
UNBA has repeatedly appealed to the Council of Judges of Ukraine, the High Council of Justice regarding the fact that quarantine measures cannot be used against the defense and attorneys. However, judges continue this practice. According to the Head of UNBA, the problem can be solved at the legislative level.
Lydia Izovitova said: "UNBA and High Council of Justice, and we were united in this, proposed to the parliament to adopt a bill to amend the procedural codes and indicate that COVID-19 is a justifiable reason to adjourn the court hearing. If such amendments are made, it would be a way out not only for us, the attorneys but also for the judges".
It will be recalled that during 2020, UNBA leaders took part in amending the legislation to introduce quarantine measures, as well as made proposals on the activities of the judiciary during the COVID-19 pandemic.
In the report by the Office of the United Nations High Commissioner for Human Rights on the impact of the COVID-19 pandemic on human rights, released in December 2020, it was stated that COVID-19 restrictions affected access to justice and the guarantee of a fair trial.
Popular news
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.
Educational events
The right of minors to marry: how judicial oversight works
The issue of granting minors the right to marry lies at the intersection of family law, child protection, and judicial discretion. The UNBA Committee on family law dedicated a webinar held on March 30 to this very topic.
Interaction
The UNBA and the Coordination headquarters have agreed to cooperate in assisting those released from captivity
Servicemen released from captivity, family members of prisoners of war, civilians deprived of their personal liberty as a result of armed aggression, as well as persons missing in connection with the war, will gain additional opportunities to access legal assistance and protect their rights.
Self-government
BCU: The HCJ’s decisions undermine the constitutional guarantees of the independence of the advocacy profession
The Bar Council of Ukraine has concluded that, in its recent decisions, the High Council of Justice has, without legal grounds, called into question the right of bar self-governing bodies to protect the guarantees of legal practice and has, in effect, attempted to grant one of its members — who retains the status of an advocate — special immunity from the Rules of professional conduct and disciplinary responsibility.
Announcements
The Bar Council of Ukraine begins its meeting
Today, April 2, a meeting of the Bar Council of Ukraine is taking place in Kyiv. On the agenda are issues related to the activities of bar self-governing bodies, consideration of a decision by the High Council of Justice, a number of appeals, as well as a discussion of the current state and pressing issues regarding the functioning of the legal aid system.
Interaction
The UNBA and the National Guard have agreed to cooperate on legal protection for military personnel
Servicemembers of the National Guard, their family members, and veterans are to receive additional legal tools to protect their rights, while the National Guard’s legal services will receive methodological and expert support.
Interaction
Protecting the rights of service members: The UNBA and the Military Ombudsman have agreed on cooperation
Servicemembers, reservists, conscripts during training exercises, members of local community volunteer units, and other individuals covered by the Law «On the Military Ombudsman» should have better access to professional legal assistance.
Discussion
New Labor Code: advocates highlight the strengths and risks of the draft
The draft Labor Code contains a number of progressive provisions aimed at modernizing labor legislation: digitizing procedures, expanding forms of employment, and increasing transparency in wage payments. At the same time, certain systemic issues require further refinement.
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