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
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
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.
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.
Discussion
What should an advocate do after discovering a «bugging device»?
From a professional standpoint, the discovery of a device that may be covertly collecting information raises a number of practical questions: how to document the find, whom to notify of the incident and how to prevent further disclosure of attorney-client privilege.
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.
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
