Representatives of the Bar in the HCJ resigned because of disagreement with unconstitutional status restrictions
Deputy Chair of the High Council of Justice Oleksiy Malovatskyi and Member of the High Council of Justice Pavlo Grechkivsky resigned from January 26, 2022.
The resignations were supported at a meeting of the HCJ on Thursday, January 20, 2022.
Thus, advocates elected to the HCJ by the Congress of Advocates in February 2019 fulfilled the recommendation of the BCU from August 2021 to resign due to the establishment of discriminatory requirements for HCJ Members during judicial reform and restriction of the independence of the status of advocates – representatives of the legal community.
In particular, the BCU drew attention to the lack of constitutional foundations for the formation of Ethics Council with the pre-emptive right to vote of international experts, as well as the restriction of the independence of HCJ members in their decision-making within the framework of their powers.
Recall that in August 2021, the Bar Council of Ukraine held an emergency meeting at which it discussed the state of implementation of law No. 1635-IX "On Amendments to Certain Legislative Acts of Ukraine regarding the Procedure for Election (Appointment) to the positions of Members of the High Council of Justice and the activities of disciplinary inspectors of the High Council of Justice" and law No. 1629-IX "On Amendments to the Law of Ukraine "On the Judiciary and Status of Judges" and some laws of Ukraine on resumption of work of the High Qualification Commission of Judges of Ukraine".
Having discussed the requirements established by law 1635-IX for HCJ members, the BCU recommended that HCJ members consider resigning due to the inability to independently carry out activities under the conditions of the amended legislation.
In October 2021, the Plenum of the Supreme Court appealed to the Constitutional Court of Ukraine regarding the verification of compliance with the Constitution of Ukraine (constitutionality) of the provisions of paragraph thirteen of paragraph 23-1 of Section III "Final and Transitional provisions" of the Law of Ukraine of December 21, 2016 No. 1798-VIII "On the High Council of Justice", paragraphs one (in terms of re-evaluation of judges-members of the High Council of Justice), the sixth and the eleventh paragraph 4 of Section II "Final and Transitional Provisions" of the Law of Ukraine of July 14, 2021 No. 1635-IX "On Amendments to Certain Legislative Acts of Ukraine regarding the Procedure for Election (Appointment) for the positions of Members of the High Council of Justice and the activities of disciplinary inspectors of the High Council of Justice.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.
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.
Educational events
How can an advocate defend a client whose data is processed by the Interpol system?
The absence of a last name on the Interpol website does not necessarily mean that no one is looking for that person. How can you find out exactly what information police databases in 196 countries hold about a client, and does the removal of a record mean that the problems are behind you?
Legislation
A bill implementing the Convention on the Protection of the Professions of Lawyer has been introduced
The constitutional guarantees of legal aid, defense, and the independence of advocacy cannot be realized without protecting advocates from unwarranted interference in their professional activities, including searches, the seizure of professional materials and the use of criminal procedural mechanisms to exert pressure.
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
