The stability of legislation allowed to create an effective bar - Lidiya Izovitova

Advocacy
18:00 Fri 26.11.21 397 Reviews
Print

The Law “On the Bar and Practice of Law” in 2012 changed the old concept; that is, the powers  are no longer delegated by the State to the Bar, instead the Bar derives its powers directly from the Constitution and the Law. This is a fundamental difference from the previous stage the legal profession development, which ended in 2012.

This was stated by the President of UNBA, BCU Lidiya Izovitova during the conference "EU and Eastern Partnership", which took place in the Hague on November 23. Lidiya Izovitova's report opened the discussion panel "The EU and the rule of law in the Eastern Neighborhood countries: the example of Ukraine." The event was attended by UNBA Vice-President Valentyn Gvozdiy, as well as Chair of UNBA International Relations Committee Ivan Grechkivsky, European experts on judicial reform, and diplomats.

She stressed that the relevant law establishes uniform rules for advocates. These are access to the legal profession, disciplinary liability of advocates, maintaining the Unified Register of Advocates of Ukraine and more. In addition to the relevant law, the rules for the bar are set by the advocates themselves. These are rules of professional conduct, qualification requirements, and clarification of the law.

"The new system of representation and management stipulates that only advocates take therein. Advocates themselves establish the rules of functioning of the Bar as institution and at the same time have guarantees and protection from interference from state bodies, ”Lidiya Izovitova emphasized.

The President of UNBA, BCU added that the practical implementation of ​​the PACE recommendation was entirely on the shoulders of the advocates themselves. The system was created from scratch, fulfilling not only the requirements of the law, but also Ukraine’s international obligations.

"We made every effort to develop it, because we understood that the self-government of the profession, introduced on the basis of best European practices, guarantees advocates independence and a high level of professional standards," said Lidiya Izovitova.

Advocacy self-government is currently developed as a balanced and effective system on a national scale, where strong regional bodies are balanced by the leadership role of the national bodies of the bar. The democracy of the system testifies to the elected nature of all bodies of advocacy self-government, the limitation of terms of office.

The exclusive audience rights of advocates in courts gives the Ukrainian bar a status in the justice system of Ukraine on par with that of Bars in the European countries. At the same time, Ukraine is ahead of many Eastern European and CIS countries with this reform.

"The innovation for the bar was introduced by constitutional changes primarily in the interests of effective protection of citizens' rights. Although now there are attempts to go back on this issue, "- said the President of UNBA, BCU.

Lidiya Izovitova stressed that the bar is currently the most stable institution in the justice system in Ukraine. For 9 years, advocates have been working on the basis of the same version of the relevant law. The stability of law allowed to achieve the strategic goals set out in the law:

- develop a self-governing independent from the state professional organization of the bar with a single mandatory membership;

- guarantee the unimpeded practice of advocacy on the principles of the rule of law, legality, independence, confidentiality and avoidance of conflicts of interest;

- establish a list of professional rights of advocates and guarantees of advocacy, which allow defenders to work safely, professionally and efficiently.

"The fact that this law has not undergone fundamental changes since 2012, although a few years ago there was a serious risk of getting a politically motivated newedition thereof, proves an important rule: the stability of legislation remains the decisive factor in building effective institutions," said Lidiya Izovitova.

Popular news

Temporary protection, work, study: what Ukrainians should know about France and UK

Advocacy

Temporary protection, work, study: what Ukrainians should know about France and UK

What is the procedure for obtaining temporary protection status in France and the UK? When can it be refused and is it possible to appeal such a decision? What are the options for legalization and change of status? What about employment, education and business opportunities?

18:36 Tue 01.04.25 117
«Military advocates» have nothing to do with advocacy – UNBA statement

Advocacy

«Military advocates» have nothing to do with advocacy – UNBA statement

The activities of the «military advocates» who forcefully «repel» mobilized persons liable for military service in the TCC have nothing to do with legal practice based on the principles of the rule of law and legality.

17:32 Fri 28.03.25 203
Commentary to the Council of Europe Convention on the protection of the profession of lawyer translated into Ukrainian

Advocacy

Commentary to the Council of Europe Convention on the protection of the profession of lawyer translated into Ukrainian

Along with the Convention on the Protection of the Profession of Lawyer, the Committee of Ministers of the Council of Europe also approved an explanatory report to it. This document is a kind of official commentary to be used by countries in the application of the international treaty.

15:37 Mon 24.03.25 153
«The Convention will enhance the quality of human protection from criminal prosecution», - Valentyn Gvozdiy, the Vice President of the UNBA, BCU

Advocacy

«The Convention will enhance the quality of human protection from criminal prosecution», - Valentyn Gvozdiy, the Vic…

Recently, the Council of Europe adopted the Convention on the Protection of the Profession of Lawyer, an international treaty that guarantees the independence, security and self-governance of lawyers. The latter call it a key step towards strengthening the rule of law. But what does this mean in practice, why is the Convention of extraordinary value - these and other questions were answered by Valentyn Gvozdiy, the Vice President of the UNBA, BCU, to the host of Fakty ICTV.

11:41 Thu 20.03.25 174
Ratification of the Convention on the protection of the legal profession will strengthen the legal system – UNBA

Advocacy

Ratification of the Convention on the protection of the legal profession will strengthen the legal system – UNBA

The Ukrainian National Bar Association has called on MPs and relevant ministries to ensure the expedited signing and ratification of the Council of Europe Convention on the Protection of the Profession of Lawyer by Ukraine.

10:39 Wed 19.03.25 165
The BCU declared inadmissible the reorganization of the Odesa Law Academy

Advocacy

The BCU declared inadmissible the reorganization of the Odesa Law Academy

The Bar Council of Ukraine considers it appropriate to support the preservation of the National University Odesa Law Academy as an independent university, whose decades-long traditions and high standards of education and academic independence determine its distinctive uniqueness.

12:29 Fri 14.03.25 155
Ukraine should be one of the first to ratify the Convention on the Protection of the Profession of Lawyer - V. Gvozdiy

Advocacy

Ukraine should be one of the first to ratify the Convention on the Protection of the Profession of Lawyer - V. Gvozdiy

Ukraine definitely needs to be among the countries that will be the first to ratify the Convention on the Protection of the Profession of Lawyer, adopted by the Council of Europe on March 12, in order to confirm its status as a legal and democratic state.

18:07 Thu 13.03.25 144
Convention on the protection of the profession of advocate adopted by the Council of Europe

Advocacy

Convention on the protection of the profession of advocate adopted by the Council of Europe

The Council of Europe at its 1522nd meeting, held on March 11 and 12, 2025, adopted the Council of Europe Convention for the Protection of the Profession of Lawyer.

13:58 Thu 13.03.25 159

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

Оберіть файл