The implementation of the Justice Development Strategy should be carried out together with the Bar - Oleksandr Drozdov
The Justice System and Constitutional Judiciary Development Strategy for 2021-2023, approved by Presidential decree, should be implemented according to the implementation plan, which will be developed together with the Bar.
This was announced by Oleksandr Drozdov, the Head of the Committee on free legal aid, who is also a member of the President of Ukraine Commission on the Legal Reform.
As defined in the decree, a detailed list of tasks, measures, expected results, and indicators for further implementation of the reform of the judiciary and other legal institutions is reflected in the Action Plan for the implementation of the Strategy, approved by the Commission on the Legal Reform. The development and implementation of the Action Plan should be accompanied by comprehensive discussions involving the public and expert community.
"This decree contains two parts, and the first part concerns what the Commission on the Legal Reform should do… and coordinate everything related to the improvement of the bar with attorneys. For the strategy to be implemented, we need an action plan, which we will work on together with you. " - Oleksandr Drozdov said during the Public hearing of the report on the UNBA activities in 2020.
The main problems addressed by the Strategy are the functional imperfection of the system of the attorneys` self-government, the difficulty of access to the profession, and the insufficient effectiveness of the protection of attorneys` rights.
To introduce a systematic approach concerning improvement of the Bar in Ukraine, it is necessary to ensure:
-strengthening guarantees of advocacy, its types, and professional rights of attorneys,
-improving the self-government of the bar;
- expanding access to state registers and databases in the field of advocacy.
"One of the proposals to improve the self-government of the bar, which is currently being discussed, stipulates that the law on the bar should contain a rule that in case of changes in the law on the bar, the relevant conclusions should be made by the Bar Council and submitted to the Verkhovna Rada of Ukraine. This, in turn, will form a clear coordinated communication between the bar and the parliament. " - Oleksandr Drozdov told.
He also drew the attention of participants to the need of joint development of proposals for improving the status of attorney`s assistant in court proceedings, giving the latter a certain range of procedural rights, which should be conditioned by the relevant procedural powers of the attorney. "Next should be the step of the legislator, who must take into account the work of the bar in the process of improving the legal regulation of advocacy," - Oleksandr Drozdov proposed.
The full version of Oleksandr Drozdov`s presentation can be viewed here.
It shall be recalled that the Bar Council of Ukraine at its meeting held in Kamianets-Podilskyi adopted the Development Strategy for 2021-2025.
The document consists of four main stages: planning (including strategy development), implementation, evaluation of results and consequences (analysis of the reasons for achieving or not achieving results), and refining the strategy to maintain its relevance and contains 26 items that clearly outline the main objectives, goals, and priority areas of activity.
Popular news
Guarantees of the practice of law
Independent oversight is necessary before using CISA materials against an advocate – Lidiya Izovitova
Before the prosecution uses information obtained during covert investigative actions and related to an advocate’s activities, independent procedural oversight must be conducted. It is necessary to determine whether such information is covered by attorney-client privilege and whether it may be disclosed.
Self-government
Efforts to develop advocacy must be brought to fruition — A. Misyats
The Ukrainian advocacy profession is currently going through a critical phase. Amid the war, it must ensure the continuity of legal aid, defend the independence of the profession, and improve qualification and disciplinary procedures in accordance with European standards. The work that has been started must be brought to a practical conclusion.
Support
Protecting the legal profession, cybersecurity and support for advocates: common themes for the IBA and the UNBA
On September 18, a working meeting was held at the office of the Ukrainian National Bar Association with Executive Director of the International Bar Association (IBA) Mark Ellis. The parties discussed the Ukrainian advocacy profession’s participation in European legal processes, the protection of the UNBA’s digital infrastructure, psychological support for advocates and future areas of cooperation.
Educational events
Tax residency of Ukrainians abroad: what matters
The determination of tax residency for Ukrainians who have been living abroad for an extended period depends on the combination of their personal and economic ties to each country. The established status determines the procedure for reporting income, paying taxes and fulfilling CFC reporting obligations.
War
Are Europe's advocacy associations prepared for a potential war? V. Gvozdiy shared lessons from the Ukrainian experience
The continuity of the bar’s self-governance, the protection of professional registries and archives, as well as equal guarantees of employment for advocates, judges, and prosecutors must be enshrined in advance in legislation in the event of war or another emergency.
Legal defence of military personnel
Payments to military personnel require clear and uniform criteria — UNBA Committee
The vagueness of terms in subordinate regulatory acts leads to differing interpretations of the grounds for paying additional compensation to military personnel. The UNBA has proposed harmonizing these acts and establishing transparent criteria for the allocation of funds.
Other
The CEC has recognized Andriy Misyats as an elected member of the Ukrainian parliament
The Central Election Commission has adopted a decision recognizing Andriy Misyats as an elected People’s Deputy of Ukraine. He is currently serving as acting chairman of the High Qualification and Disciplinary Commission of the Bar.
Tragic news
Former CCBE President James MacGuill has passed away
The Ukrainian National Bar Association expresses its condolences on the passing of James MacGuill — a renowned Irish advocate and former president of the Law Society of Ireland and the Council of Bars and Law Societies of Europe (CCBE).
Publications
Vasyl Kolishnyi, «Law and Business» Supporting mental health should become part of the professional culture of the Bar, - H. Udovenko
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