Serhiy Vilkov: the idea of collecting e-declarations of the Higher Qualification and Disciplinary Commission of the Bar members is an attempt to nationalize the Bar
The idea to submit e-declarations of the members of disciplinary chambers of the Higher Qualification and Disciplinary Commission of the Bar (hereinafter – Commission) is an attempt to nationalize the Bar.
This was stated by the Commission Chair Serhiy Vilkov at a meeting of the Bar Council of Ukraine on March 31, 2021, which took place online.
This position is contained in the e-mail of the NAPC Legal Department "On the performance of public law functions" regarding the range of subjects covered by the Law of Ukraine "On Prevention of Corruption" signed by the Head of this department Yaroslav Lyubchenko, sent on March 22, 2021, to the Commission and the Heads of the Commission in the regions.
Serhiy Vilkov suggests that such actions of the NAPC are aimed at sabotaging the bill, which is currently in Parliament, to eliminate legal uncertainty in the Law "On Prevention of Corruption". Namely, whether members of attorneys` self-government bodies fall under the scope of this law. By amending Article 45 of the Law on Prevention of Corruption, MPs want to put an end to this issue - attorneys should not file such declarations.
"In my opinion, the NAPC's actions are aimed at sowing chaos among attorneys. Feeling that this bill can be adopted from day to day, they make such an appropriate move - sent letters, and not only to the Commission but also to private performers and others. And the goal is that when attorneys start submitting these declarations, anyone in the Verkhovna Rada will say: "So the issue has already been settled and why should we adopt this law?" And they will put this law in a way for a long time", - Serhiy Vilkov said.
The head of the Commission is convinced that this step of the NAPC threatens the obligation to submit e-declarations not only to members of the disciplinary bodies of the bar but to all attorneys in general.
"I see this as pressure on the legal profession from certain people to further pressure through law enforcement and other authorities. If we look at it from the point of view of the logic set out by the NAPC in the letter, then the quality assessment commissions must submit electronic declarations, then - audit commissions, then – Free legal aid attorneys, and as a result - the Regional Bar Council. That is, all attorneys will file e-declarations. This is nothing more than a plan by certain NAPC individuals to nationalize the bar and displace bar self-government as an independent civil society institution. This cannot be allowed", - Serhiy Vilkov summed up.
We will remind, on March 31, Bar Council of Ukraine held an extraordinary meeting. The agenda included the issue of declaring by members of the bar self-government bodies, in particular, members of the Commission following the Law of Ukraine “On Prevention of Corruption”. BCU considered appeal of the Head of the Bar Council of the Kherson region Inna Mokina dated March 26, 2021, to provide clarifications on the submission of annual declarations by attorneys-members of the bar self-government; as well as appeal of the Head of the Disciplinary Chamber of Qualification and Disciplinary Commission of the Bar in Kharkiv, Lydia Melkonyan, dated March 26, 2021, regarding the declaration by members of the disciplinary chambers of the Commission of the region under the Law of Ukraine "On Prevention of Corruption".
Popular news
Advocacy
FLA needs urgent help, - Valentyn Gvozdiy
Twelve years of existence of the free legal aid system in Ukraine is enough to understand the inability of the Ministry of Justice to effectively manage this area.
Advocacy
The Ombudsman is concerned about the state of the FLA system
The Secretariat of the Ukrainian Parliament Commissioner for Human Rights is ready to join the development of proposals for amendments to the legal acts developed by the Ukrainian National Bar Association that will improve the functioning of the free legal aid system.
Advocacy
Ombudsman to provide legal aid with support of UNBA - pilot project
The Office of the Ukrainian Parliament Commissioner for Human Rights has launched a pilot project to provide professional legal aid to citizens in five regions of Ukraine.
Advocacy
Another model should be introduced for the FLA system, - Lidiya Izovitova
Monitoring of the current state of functioning of the legal aid system shows the existence of significant and conceptual problems in the implementation of this assistance in Ukraine.
Advocacy
Violation of media guarantees of advocacy is being studied by the UNBA
An open appeal of the Ukrainian National Bar Association's Committee on Information Policy and Interaction with the Mass Media to the advocates.
Advocacy
Lawyers are offered to be booked - amendments to draft law No. 10449
In their amendments to the draft law on strengthening mobilization, MPs propose to provide for the booking of lawyers. The goal is to prevent disruptions of court hearings.
Advocacy
E-Court failures violate constitutional guarantees – UNBA
In recent days, the Ukrainian National Bar Association has received numerous reports from lawyers about technical failures in the operation of the Electronic Court subsystem. In particular, the complaints relate to the inability to log in to the electronic office, which restricts advocates in exercising their procedural rights, in particular, to submit documents and participate in court hearings in the videoconference mode.
Advocacy
Fixed fee: time of work is important for reimbursement of attorney's fees – SC
The procedure for calculating the hourly fee differs from the fixed fee, which does not take into account the actual time spent. However, in both cases, they are taken into account when deciding on the reimbursement of legal aid expenses.
Publications
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
Iryna Vasylyk Advocacy in the proclamation of Independence of Ukraine
Oleksandr DULSKY When we cross the border of the Supreme Anti-Corruption Court, we get into another department of the National Anti-Corruption…
Vadym Krasnyk The UNBA will work, and all obstacles and restrictions are only temporary inconveniences
Lydia Izovitova Interview with Lydia Izovitova on the occasion of the 8th anniversary of the founding of UNBA: We are the voice of t…