Valentyn Gvozdiy and Serhiy Barbashin took part in an international discussion on threats to the rule of law in Eastern and Central Europe
UNBA/BCU Vice-President Valentyn Gvozdiy and UNBA NextGen Youth Committee Chair Serhiy Barbashin took part in the international Rule of Law Webathon.
At the panel discussion “Attacks to the Rule of Law in Central and Eastern Europe,” UNBA representatives spoke about the rule of law in Ukraine during martial law, reviewed the changes to criminal procedure. In particular, they drew attention to the operation of courts during the war time and the issues of territorial jurisdiction, amendments to the Criminal Code of Ukraine.
Valentyn Gvozdiy emphasized that Ukrainian National Bar Association actively monitors any legislative changes, provides necessary recommendations, clarifications, and objections to draft laws in order to avoid human rights violations or restrictions on procedural representation.
Rule of Law Webathon is the second annual event organized by a number of international organizations, including: AIJA Human Rights Committee, UIA, ABA International Law Section, Law Society of England & Wales, and Inter-American Bar Association.
International partners support Ukrainian National Bar Association condemning violation of human rights and military aggression of the Russian Federation against Ukraine.
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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.
Abroad
The CCBE is discussing European justice and issues related to the protection of advocates
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Rule of Law Roadmap
The UNBA presented the key provisions of the future law on advocacy in Brussels
The Ukrainian National Bar Association presented its proposals for the upcoming law on advocacy, aligned with the Rule of Law Roadmap. The presentation covered topics such as access to the profession, self-governance, disciplinary procedures, professional development and guarantees for the practice of advocacy.
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.
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.
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.
Educational events
Not every eloquent phrase is persuasive: how an advocate should choose a speaking style
Rhetorical techniques are effective when they are tailored to the audience, the situation, and the purpose of the speech. Therefore, before speaking, an advocate should determine what message the court, client, or audience needs to hear and remember, and then choose the appropriate structure, examples, quotes and tone.
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.
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
