Adaptation of European standards opened the way for Ukrainian advocacy to integrate into the professional community of Europe - Lidiya Izovitova
The establishment of UNBA embodied one of the conditions of the Association Agreement with the EU on the development of an independent professional self-governing organization of lawyers in Ukraine.
This was emphasized by UNBA, BCU President Lidiya Izovitova, opening the discussion panel of the conference "EU and Eastern Neighborhood", which took place in the Hague on November 23.
The event is organized by the LINKS Europe Foundation in cooperation with the Hague City Government and with the support of The Hague Humanity Hub. The event will be part of the "Conversations on the Future of Europe and the World" series and aims to be part of the discussion at the "Conference on the Future of Europe".
Lidiya Izovitova stressed that Ukraine is currently a party to the EU's Eastern Partnership foreign policy initiative, cooperating with the EU on the basis of the 2014 Association Agreement. This Agreement, in terms of its scope and thematic coverage, is the largest international legal document in the history of Ukraine and the largest international agreement with a third country ever concluded by the European Union. And its signing became possible thanks, including, and advocates.
"These are great milestones for our country's foreign policy, but their achievement took time and, most importantly, the persistent efforts of politicians, diplomats and advocates, including advocates, who paved the way for the independence of their professional community," Lidiya Izovitova said.
The President of UNBA, BCU reminded that the independent bar was built in the fight against the totalitarian regime, when Ukraine was still part of the USSR. The process of struggle began in the late 1980s, as a response to an attempt to break the oppression of the bar by the state.
Since 1991, the bar has gone through three conditional stages, and each new period is marked by changes in legislation and the Constitution. Fortunately, each new stage gave more independence to the legal profession, and brought us closer to European standards of the profession.
In 1992, the first post-Soviet law on the bar was passed, which shifted the bar from full state control to a period of quasi-self-government.
Only 20 years later, on July 5, 2012, the Parliament adopted the Law of Ukraine "On the Bar and Practice of Law", which for the first time created an independent professional organization of advocates – Ukrainian National Bar Association with a single membership and introduced a real self-governing model of Ukrainian advocacy.
"Ukraine's Bar is grateful to the PACE, which in its Resolution adopted in 1995 recommended that Ukraine establish an independent professional organization of lawyers, as one of the subsequent conditions for the future conclusion of the Association Agreement with the European Union. It took Ukraine 17 years to implement this PACE Resolution on the Bar, ”said Lidiya Izovitova.
The Law “On the Bar and Practice of Law” of 2012, implementing the recommendations of the PACE and the Venice Commission, took into account the best European practices of the organization of the bar, and European standards of self-government of the bar.
"This is a really great contribution to the development of Ukraine as a state governed by the rule of law. This is an important achievement, which turns the constitutional rights and freedoms of citizens into a real opportunity and provides a mechanism for their protection, first of all from the attack by the state, " emphasized UNBA, BCU President.
She noted that the adaptation of key European standards of legal independence and self-government to the national profile law opened the way for the Ukrainian legal profession to integrate into the European professional community.
Popular news
Legislation
The path to ratification of the Convention must not end in yet another delay — L. Izovitova
Ukraine’s preparations for the ratification of the Council of Europe Convention on the Protection of the Professions of Lawyer have already passed key stages. Now, government institutions must submit the matter to the Verkhovna Rada for consideration. In doing so, Ukraine may complete the ratification process faster than EU member states.
Guarantees of the practice of law
Ukraine could be the first to implement a European mechanism for the protection of advocates. What’s holding it back?
Ukraine has a chance to be the first country to ratify the Council of Europe Convention on the Protection of the Professions of Lawyer. Political support for this exists, but the government’s legislative package has not yet been submitted to parliament. Meanwhile, the number of violations of advocates’ rights is on the rise.
Educational events
How can an advocate verify that work has been completed if the client refuses to sign the report?
When billing by the hour, the primary document for determining the fee may be a detailed report on the time spent by the advocate and the work performed. To prevent the client from withholding payment, the contract should specify in advance the procedure for submitting and approving such a report.
Self-government
The BCU took note of the public appeal from the HCJ
The Bar Council of Ukraine has determined that, given the current security situation, it is objectively impossible to hold, in accordance with the procedure established by the Law «On the advocacy and the practice of law», meetings of advocates, regional conferences of advocates and the Congress of Ukrainian Advocates, including for the purpose of electing two members of the High Council of Justice under the quota allocated to the Congress of Ukrainian Advocates.
War
The BCU has launched a digital project «Wall of Remembrance and Honor»
The Bar Council of Ukraine has adopted a resolution to launch the digital project «Wall of Remembrance and Honor». To this end, the UNBA is beginning to collect information on advocates and paralegals who lost their lives as a result of the Russian Federation’s armed aggression against Ukraine.
Appointment
The UNBA has established a Committee on cybersecurity and virtual assets
A permanent collegial advisory body — the Committee on cybersecurity and virtual assets has been established under the UNBA.
Legal defence of military personnel
Medical care, veterans' benefits and legal assistance: what changes are needed to protect service members
The consequences of torture and illnesses suffered by Ukrainian servicemembers while in captivity are not always properly documented or taken into account when providing social benefits. Therefore, a medical examination is crucial during the reintegration phase; it is also necessary for documenting war crimes.
Interaction
Energy law: the UNBA and the ADMGE have agreed to cooperate
Advocates will deepen their professional expertise in the field of energy law, and participants in the distributed and flexible generation market will have greater opportunities to obtain professional legal assistance.
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