Representatives of the Bar in the HCJ resigned because of disagreement with unconstitutional status restrictions

Advocacy
16:01 Thu 20.01.22 1398 Reviews
Print

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

Independent oversight is necessary before using CISA materials against an advocate – Lidiya Izovitova

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.

15:47 Fri 25.09.26 117
Efforts to develop advocacy must be brought to fruition — A. Misyats

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.

20:32 Fri 18.09.26 113
Protecting the legal profession, cybersecurity and support for advocates: common themes for the IBA and the UNBA

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.

19:46 Fri 18.09.26 158
Tax residency of Ukrainians abroad: what matters

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.

18:19 Thu 17.09.26 143
Are Europe's advocacy associations prepared for a potential war? V. Gvozdiy shared lessons from the Ukrainian experience

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.

9:42 Mon 14.09.26 205
Payments to military personnel require clear and uniform criteria — UNBA Committee

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.

16:45 Wed 09.09.26 130
Finding them isn't enough: issues surrounding the seizure and return of crypto assets

Discussion

Finding them isn't enough: issues surrounding the seizure and return of crypto assets

The technical structure of transactions does not automatically identify the person who controlled the crypto wallet, and courts have reached differing conclusions on whether a digital asset can be seized as physical evidence. So how can one prove ownership of such assets, enforce court orders, and return funds to victims?

12:13 Wed 09.09.26 105
The UNBA will prepare guidelines on lawyers' requests

Legislation

The UNBA will prepare guidelines on lawyers' requests

By the end of 2026, the UNBA Committee on the prevention of administrative offenses committed against advocates will develop guidelines on drafting advocate inquiries and responding to refusals to provide information. There are also plans to standardize the practice of applying Article 212-3 of the Code of Administrative Offenses.

16:23 Mon 07.09.26 111

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

Оберіть файл