UNBA proposes to involve advocates into organization of the exchange of prisoners of war
Ukrainian National Bar Association appealed to the Deputy Prime Minister - Minister for Reintegration Iryna Vereshchuk and to Verkhovna Rada Commissioner for Human Rights Lyudmila Denysova to involve the advocates in the organization of the exchange of prisoners of war.
"Given the Geneva Conventions, which oblige states to protect people during a war, and the European Convention on Human Rights regarding basic legal guarantees of treatment people both in peacetime and in wartime, I appeal to you to involve Ukrainian advocates in the proceedings of prisoners-of-war exchange in order to ensure their access to proper legal assistance, including the representation of their interests in court ", - as stated in the letter of UNBA/BCU President Lidiya Izovitova.
The appeals to the relevant Ministry and the Ombudsman stressed that in the conditions of martial law, the constitutional right to professional legal assistance is exercised without any restrictions imposed by the law of Ukraine "On the Legal Regime of Martial Law."
At present, advocates are effectively exercising their professional duties, including on a pro-bono basis, in particular, within the framework of the volunteer movement "Advocates of the Armed Forces of Ukraine". Many advocates have been drafted to the Armed Forces of Ukraine and territorial defense formations, while maintaining the status of an advocate, with all relevant professional rights and guarantees, " stated in the letter.
According to UNBA President, Ukrainian Bar, in times of Russian aggression, makes every effort to maintain appropriate conditions for the protection of people’s rights, preserve the fundamental principles of a democratic state, observe the rule of law and the legal order.
Popular news
Legislation
The UNBA explained what could undermine the plan to introduce plea agreements
Information regarding who pays whom, how much, and on what grounds under a plea agreement must be made public. However, as long as this information is classified as a state secret or personal data, the court will continue to be able to close proceedings and restrict access to judgments.
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.
Educational events
A one-time payment or royalties? Students were briefed on changes to copyright agreements
As a general rule, property rights to a work created by an employee are transferred to the employer, but the author retains the right to remuneration. European law requires that this remuneration be based on the actual income generated by the work, rather than being limited to a one-time payment.
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.
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