Valentyn Gvozdiy elected as Vice-President of the Council of Europe's Committee of Experts on the Protection of Advocates' Rights

Advocacy
14:36 Thu 07.04.22 311 Reviews
Print

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

The process of signing the Convention on the protection of the profession of advocate was taken under control by the Verkhovna Rada

Guarantees of the practice of law

The process of signing the Convention on the protection of the profession of advocate was taken under control by t…

The Ministry of Justice sent the text of the translation of the Council of Europe Convention on the protection of the advocate to the Ministry of Foreign Affairs «for review and approval». The main legal authority also expressed its support for the Ministry of Foreign Affairs regarding the signing and ratification of this Convention.

16:49 Wed 03.09.25 140
Statement by the UNBA Committee on the «National Police investigation»

Guarantees of the practice of law

Statement by the UNBA Committee on the «National Police investigation»

The media is spreading news that the National Police of Ukraine is allegedly investigating a criminal offense committed by the leadership of the Ukrainian National Bar Association.

13:35 Wed 03.09.25 110
Without the protection of advocates, there will be no fair trials in Ukraine — forum in Odesa

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.

14:42 Fri 29.08.25 115
The number of cases where advocates are identified with their clients is growing – UNBA report

Guarantees of the practice of law

The number of cases where advocates are identified with their clients is growing – UNBA report

Advocates are increasingly being held hostage to political processes, with them being equated with their clients. Such actions undermine the independence of the profession and create an atmosphere of intimidation, as a result of which Ukrainian citizens are deprived of their right to defense.

13:19 Thu 28.08.25 116
What data is sufficient to initiate an investigation – UNBA comments on draft law No. 12439

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.

19:41 Fri 22.08.25 118
Law on advocacy and the Council of Europe Convention: the UNBA assessed compliance (comparative table)

Guarantees of the practice of law

Law on advocacy and the Council of Europe Convention: the UNBA assessed compliance (comparative table)

The Ukrainian National Bar Association has prepared and published a comparative table showing the extent to which Ukrainian legislation complies with the provisions of the Council of Europe Convention on the protection of the profession of advocate.

14:58 Fri 22.08.25 115
The Verkhovna Rada is waiting for the Minister of Justice to take action on signing the Convention on the protection of the profession of advocate

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.

13:51 Thu 21.08.25 154
Australian advocate apologizes in court for fake AI quotes

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.

13:46 Tue 19.08.25 120

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

Оберіть файл