UNBA representatives will be involved in the draft law work of the Verkhovna Rada Legal Policy Committee - Valery Bozhyk
The sitting of the Bar Council of Ukraine on September 10, 2021, which is being held in Chernivtsi city, was attended by the People's Deputy of Ukraine, Deputy Head of the Committee on Legal Policy of the Verkhovna Rada Valeriy Bozhyk.
He congratulated the members of the BCU on the start of work and told about the legislative initiatives related to the bar.
In particular, he expressed the belief that there is no threat of the adoption of the bill №1013 on amendments to the Constitution of Ukraine (regarding the abolition of the lawyer's monopoly). As you know, this bill was introduced in 2019 as the urgent one, received an opinion of the Constitutional Court and is currently being considered by the relevant Committee of the Verkhovna Rada. At the same time, the legal community was very active in defending the position that this document contradicts both European standards and the rights of citizens of Ukraine and insisted on preserving the exclusive constitutional right of the bar to representation.
"At the beginning of our term, there was a threat of abolishing the lawyer's monopoly. Now I will say that there is no such threat. Maybe I`m predicting wrong, but it is unlikely that this issue will be raised in the near future, " Valeriy Bozhyk said.
In addition, the People's Deputy stressed that the parliament supports the UNBA in the issue of simplifying the taxation of attorneys.
"We had a meeting of the Committee, before the meeting the consultations were held. All agreed that there is an urgent need to resolve the issue of reaching the understanding with the NACP, namely the declaration of members of the bar self-government. In addition, our Committee is in active dialogue with the Customs Policy Committee concerning the taxation of attorneys, namely the possibility of usage of a single tax and a simplified taxation system. I personally argue that this would be positive for both attorneys and the state, because in this case it is possible to declare absolutely everything. It would be useful for everyone and the possibility of a certain system in the country, "Valeriy Bozhyk said.
He also notified that in the framework of cooperation between the UNBA and the Verkhovna Rada Committee on Legal Policy, attorneys will be widely involved in all working groups.
"We have constant contact with the National Bar Association, and we have agreed that we will widely involve attorneys in all working groups, especially to those issues that will relate to the bar," Valeriy Bozhyk said.
We will remind, that the UNBA addressed Parliament in July, 2021 concerning modification of the Tax code. In particular, the UNBA initiates amendments to the tax legislation in terms of eliminating discrimination, which is currently established concerning the attorneys in comparison with individuals. Namely - to allow attorneys to use a simplified system of taxation without registration as an individual entrepreneur.
Popular news
Legislation
Proceedings against military personnel following AWOL require clear deadlines — UNBA
A soldier’s return to duty after AWOL does not necessarily mean the end of criminal proceedings. To ensure that the case does not remain at the pretrial investigation stage, a clear procedure for the investigator and prosecutor is required.
Educational events
A one-time payment or royalties? Students were briefed on changes to copyright agreements
As a general rule, property rights to a work created by an employee are transferred to the employer, but the author retains the right to remuneration. European law requires that this remuneration be based on the actual income generated by the work, rather than being limited to a one-time payment.
Legislation
The UNBA warned of the risk of customs barriers for Ukrainian paper and furniture
Ukraine’s anti-deforestation rules are intended to preserve export access to the EU market. However, without paper and furniture on the list of goods, without effective sanctions, and with enforcement beginning only in 2030, these rules could hinder that goal.
Legislation
Fines for loud exhaust — based on a standardized measurement method — UNBA
Measures to combat intentionally loud exhaust noises are justified, especially during wartime. However, as long as the law does not specify which noise standard to apply or how to measure it on the road, this new liability can be neither fair nor effective.
Guarantees of the practice of law
Guarantees for advocacy without protective measures: proposed changes to the codes
The current law sets forth the rights and guarantees of the legal profession, but lacks the tools to protect them. The future law on advocacy is intended to fill this gap through amendments to criminal, administrative and procedural legislation.
Abroad
Living abroad doesn't sever your ties with Ukraine: what you should check
Moving to another country and even long-term residence abroad does not automatically sever an individual’s legal ties to Ukraine. Tax residency, sole proprietorship status, foreign income, enforcement proceedings, and military registration remain relevant even after relocation.
Legislation
Exceptions to the state prosecutor's representation in court must be consistent with the CCU's decision
To prevent the provisions of Article 23 of the Law «On the prosecutor’s office» from being declared unconstitutional again, the proposed amendments contained in the government’s draft law should be clarified.
Appointment
Representatives of the UNBA appeared in Zagreb, Los Angeles and Strasbourg
Representatives of the Ukrainian National Bar Association have been appointed in Zagreb (Croatia), Los Angeles (USA) and Strasbourg (France). They are advocates Nadiya Korinna, Hryhoriy Solomon and Aminat Suleimanova.
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