Address of the Head of the UNBA to the President of Ukraine Commission on the Legal Reform on the elimination of discriminatory conditions of taxation of advocacy

Advocacy
14:17 Wed 14.07.21 518 Reviews
Print

To the Head of the President of Ukraine Commission on the Legal Reform, S.K. Ionushas.

 

Dear Serhii Konstantynovych!

On behalf of the legal community, I appeal to you as to the Head of the President of Ukraine Commission on the Legal Reform!

The advocacy of Ukraine is an independent constitutional self-governed body, which is functioning to provide professional legal assistance. The Constitution of Ukraine provides the independence of the advocacy. Solely attorney can represent the other person in the court or protect them in criminal proceedings.

Now, the legal community consists of more the sixty thousand attorneys, more than seven thousand attorneys among them provide free legal aid to the vulnerable segments of the population. The number of attorneys in Ukraine increases, which indicates the social prestige of the profession, the trust and respect for such profession in Ukrainian society, and the demand for legal services. Such tendency also increases the general level of the legal culture, forms in the society the practice of civilized legal dispute resolution, the use of legal means to protect their rights and freedoms.

The last year and a half were a special challenge for attorneys` professional activities when numerous restrictions have been imposed in Ukraine due to the spread of the Covid-19 pandemic. In conditions of increased risks to everyone's health, attorneys continued to defend rights and freedoms, to represent the legitimate interests of citizens and legal entities in courts.

At the same time, attorneys carry out their activities in the conditions of discriminatory tax legislation, which does not fully consider the exclusive constitutional and social role of this profession and other features of advocacy that distinguish it from the activities of private entrepreneurs, which work to gain profit. During the period of lockdown, the tax burden was particularly felt, and the economic reasons often forced attorneys to suspend their activities.

According to the legal community, the current situation requires a holistic approach to amending tax laws.

Decree of the President of Ukraine № 231/2021 approved the Justice System and Constitutional Judiciary Development Strategy for 2021-2023. The Strategy defines the priorities of the development of the institute of advocacy, one of which is the improvement of organizational and legal forms of advocacy.

Also, on July 2, 2021, the Bar Council of Ukraine approved the Development Strategy of the UNBA for 2021-2025, which considers the main directions of improving the Bar, provided by the Justice System and Constitutional Judiciary Development Strategy for 2021-2023, approved by the Presidential Decree.

The advocacy supports the necessity of coordinated realization of the two strategic documents based on the open discussion and consolidation of efforts and concrete initiatives.

One of the first joint steps can be the challenging the tax conditions for advocacy. Thus, to strengthen the guarantees of advocacy and professional rights of attorneys, to improve the organizational and legal forms of advocacy, the UNBA initiates proposals (amendments) to the Tax Code of Ukraine on taxation of income received by an individual engaged in independent professional activity. In particular, it concerns the right of an attorney as an individual engaged in an independent professional activity to pay taxes under the simplified system of taxation and to pay a single tax of the relevant group.

The proposals developed by the UNBA meet the real needs of the Bar and will ensure fair and equal conditions for taxation of income received by attorneys as self-employed persons (private entrepreneurs and individuals engaged in independent professional activity).

Considering the abovementioned, we send the developed proposals to the Tax Code of Ukraine on taxation of income received by an individual engaged in independent professional activity and ask you to discuss this initiative within the Commission headed by you, and further propose the President of Ukraine Volodymyr Zelenskyi to submit such a bill to the Verkhovna Rada as a part of the Justice System Development Strategy.

 

With all due respect,

The Head of the UNBA, the BCU, Lydia Izovitova.

Popular news

The model for legal assistance to veterans was discussed at the UNBA

Legal defence of military personnel

The model for legal assistance to veterans was discussed at the UNBA

A working meeting was held at the Ukrainian National Bar Association, during which representatives of the advocacy profession, the Ministry of Veterans Affairs of Ukraine and a foreign expert discussed approaches to providing legal aid to veterans, the role of the advocacy profession in this system, and the experience of other countries.

18:07 Mon 20.04.26 134
The CJU has endorsed guarantees of the legal profession’s independence and has proposed a meeting with the BCU

Guarantees of the practice of law

The CJU has endorsed guarantees of the legal profession’s independence and has proposed a meeting with the BCU

The Council of Judges of Ukraine has responded to a letter from the Bar Council of Ukraine regarding the inadmissibility of the High Council of Justice granting immunity to a member of the High Council of Justice — a privilege not provided for by law — as well as regarding violations of constitutional guarantees of the independence of the legal profession and attorney-client privilege.

18:24 Fri 17.04.26 123
The UNBA and the Ministry of Veterans are expanding their cooperation

Interaction

The UNBA and the Ministry of Veterans are expanding their cooperation

War veterans, their family members, as well as the family members of fallen Defenders of Ukraine are to receive improved access to professional legal assistance and additional opportunities for independent legal protection.

16:27 Mon 13.04.26 144
Advocates have warned that the draft Labor Code would curtail workers' protections

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.

11:47 Thu 09.04.26 229
Representatives from the Ministry of Veterans Affairs and the UNBA discussed veterans' access to justice

Legal defence of military personnel

Representatives from the Ministry of Veterans Affairs and the UNBA discussed veterans' access to justice

On April 3, a working meeting was held at the Ministry of Veterans Affairs of Ukraine with representatives of the Ukrainian National Bar Association, dedicated to improving the effectiveness of legal protection for war veterans and their families.

16:17 Tue 07.04.26 171
The right of minors to marry: how judicial oversight works

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.

11:28 Tue 07.04.26 203
The UNBA and the Coordination headquarters have agreed to cooperate in assisting those released from captivity

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.

19:14 Mon 06.04.26 180
BCU: The HCJ’s decisions undermine the constitutional guarantees of the independence of the advocacy profession

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.

14:56 Thu 02.04.26 223

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

Оберіть файл