Valentyn Gvozdiy elected as Vice-President of the Council of Europe's Committee of Experts on the Protection of Advocates' Rights
Valentyn Gvozdiy elected Vice-President of the Committee of Experts of the Council of Europe on the Protection of Advocates Rights.
The first meeting of the Committee of Experts of the Council of Europe on the Protection of the Rights of Advocates is taking place on April 6-8 in Strasbourg, France. Ukraine represented in this committee by the Vice-President of UNBA, BCU Valentyn Gvozdiy. Today he has been elected Vice-President of this crucial working body of the Council of Europe.
It should be noted that in 2020, the European Committee of the Council of Europe on Legal Cooperation (CDCJ) conducted a study on the feasibility of a new, mandatory, or optional, European legal instrument for the legal profession.
Based on this study, the Committee of Ministers agreed to establish a committee of experts on the protection of advocates' rights (CJ-AV) under the auspices of the European Committee on Legal Cooperation (CDCJ).
The CJ-AV is expected to develop "a draft legal instrument aimed at strengthening the protection of the legal profession and the right to practice law without prejudice or restriction" by December 2023.
It is expected that, under the auspices of the CDCJ, the CJ-AV will consult with the CDCJ at each stage of the preparation of the draft legal instrument and take into account their comments. The CJ-AV should prepare proposals for consideration by the CDCJ on the nature of the legal instrument, whether mandatory or optional, given the added value of the options available. At its plenary session, the CDCJ will consider the proposal (s) prepared by the CJ-AV and recommend to the Committee of Ministers the nature of the legal instrument in the light of the provisions of the draft instrument.
According to the CJ-AV's competence, the draft legal instrument should provide for a full set of minimum standards concerning the right of advocates to practice freely and to ensure the protection and independence of the profession. This may include setting up a mechanism entrusted with the implementation of standards by Member States or providing guidance on their application.
A key requirement in developing an appropriate legal instrument under the CJ-AV's remit is the need to formulate fundamental principles and rules that protect human rights, democracy, and the rule of law, while complementing existing standards in these areas and addressing existing gaps, if any.
Building primarily on the Council of Europe's experience in this area, the future instrument should also take due account of the relevant initiatives of other international and regional fora in order to provide a common legal framework.
Popular news
Discussion
Without the protection of advocates, there will be no fair trials in Ukraine — forum in Odesa
Identifying an advocate with their client undermines the foundations of justice, as it deprives individuals of the opportunity to exercise their right to defense, forces advocates to avoid participating in high-profile cases, and ultimately renders procedural guarantees meaningless. Without this, fair trial is impossible.
Legislation
What data is sufficient to initiate an investigation – UNBA comments on draft law No. 12439
The problem of law enforcement pressure on business remains one of the most acute for the Ukrainian economy. The lack of regulation of certain procedures in the Criminal Procedure Code leads to abuses, as a result of which entrepreneurs find themselves in a state of legal uncertainty.
Guarantees of the practice of law
The Verkhovna Rada is waiting for the Minister of Justice to take action on signing the Convention on the protection of t…
Ukraine, which was directly involved in the preparation of the world's first Council of Europe Convention on the protection of the profession of advocate, has still not signed it. There appear to be no formal objections, but no real steps have been taken towards accession either.
Abroad
Australian advocate apologizes in court for fake AI quotes
In Australia, a royal advocate apologized to a judge for submitting documents in a criminal case against a teenager accused of murder that contained fabricated quotes and non-existent court decisions generated by artificial intelligence.
Legislation
Support for the defense industry should not upset local budgets, - UNBA
It is necessary to create additional incentives for enterprises in the defense and industrial complex, while ensuring the balance of the budget system and the predictability of both revenues and expenditures of local self-government.
Legislation
UNBA warns of extreme financial risks for defense industry companies
The lack of transparent control over the activities of the Ministry of Defense as a regulator, as well as excessive sanctions for leaving the Defense City regime, create risks for defense enterprises that could lead to their bankruptcy.
Guarantees of the practice of law
BCU reports interference by a member of the High Council of Justice in the activities of a lawyer and submits officia…
The Bar Council of Ukraine, having considered the statement of advocate Oleksandr Vikhrov, established the fact of interference by Roman Maselko, a member of the High Council of Justice, in the advocacy activities, violation of attorney-client privilege, and exceeding his powers in evaluating a candidate for the position of judge.
Legislation
Consent to arrest advocates must be given by bar self-regulatory bodies
Granting the High Council of Justice the power to give consent to the detention of an advocate or to keep him in custody would be a direct interference in the activities of the Ukrainian advocacy. This contradicts the principle of independence of the advocacy guaranteed by the Constitution and laws.
Publications
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
Sergiy Vylkov Our judicial system is so built that courts do not trust advocates
Iryna Vasylyk Advocacy in the proclamation of Independence of Ukraine
Oleksandr DULSKY When we cross the border of the Supreme Anti-Corruption Court, we get into another department of the National Anti-Corruption…
Vadym Krasnyk The UNBA will work, and all obstacles and restrictions are only temporary inconveniences
