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
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
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.
Rule of Law Roadmap
Reform without data and advocacy: what the Ministry of Justice’s launch has revealed
The Ministry of Justice hosted the first meeting of the working group on bar reform. But instead of professional preparation of legislative changes, we saw exactly what Armada Network Director Dale Armstrong had spoken about the day before in Kyiv: not reform, but a struggle for control over the agenda through a narrow circle of “stakeholders” who create an echo chamber of influence for themselves.
Rule of Law Roadmap
Advocacy, European integration and the limits of intervention: an American report presented in Kyiv
Following its presentation in Brussels, the report «The Ukrainian advocacy in the context of the rule of law and European integration» made its way to Kyiv. It highlighted critical issues both in understanding the very nature of the self-governing profession and in the emergence of a «shadow market» surrounding the Ukrainian advocacy.
Discussion
ETAIDF and MMC: where the system fails
The new system for assessing a person’s daily functioning and the practice of undergoing medical-legal examinations have already raised numerous questions — ranging from unclear procedures to difficulties in appealing decisions. These issues were examined by advocates during the roundtable discussion «Problematic issues of the ETAIDF and MMC», organized by the UNBA Committee on the protection of the rights of persons with disabilities and the All-Ukrainian public organization «Human rights union of persons with disabilities».
Rule of Law Roadmap
Access to the advocate profession: a subgroup has identified the direction of change
On Monday, March 16, a meeting was held of the subgroup «Access to the profession and training of advocates. Organizational forms of legal practice» of the Working Group on the implementation of the Rule of Law Roadmap.
Appointment
A representative of the UNBA has arrived in Cairo
Advocate Irena Maria Ostrozka-Sangushko has been appointed as the representative of the Ukrainian National Bar Association in the Arab Republic of Egypt, in the city of Cairo. The corresponding Order No. 80, dated March 10, 2026, was signed by the President of the UNBA, BCU Lidiya Izovitova.
Rule of Law Roadmap
Organization of advocacy: subgroup agrees on approaches to regulatory reform
On March 13, a meeting was held of the «Organization of the advocacy and self-government» subgroup of the Working Group on the implementation of the Rule of Law Roadmap regarding bar reform. The event was conducted via videoconference.
Abroad
Where does legal information end and legal assistance begin?
Law firms find themselves in a dilemma: they want to make the most of artificial intelligence, but at the same time, more and more people are entrusting their legal matters to large language models. And this, as experts point out, entails countless risks.
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