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
Guarantees of the practice of law
Impunity for public stigmatization of advocates violates the constitutional right to defense
The prohibition of identifying an advocate with a client is an international standard enshrined in the Law «On advocacy and legal practice». However, without accountability, this guarantee does not work, which poses a direct threat to the realization of the right to defense and the principle of adversarial proceedings.
Legislation
Inheritance of a share in joint property and more: advocates have made comments
In the event of the death of one of the subjects of joint shared ownership, the shares of each of the co-owners in the joint shared ownership shall be deemed equal, unless otherwise agreed between them, by law, or by a court decision.
Legislation
Implementation of the Roadmap: the composition of the working group ensures a high level of expertise
The composition of the Working Group on the implementation of the Roadmap on the rule of law in relation to advocacy demonstrates the high institutional level of the experts involved by the Ukrainian National Bar Association in the formation of a package of decisions.
Legislation
UNBA initiatives to implement the Roadmap were supported by international experts
International experts who participated in the inaugural meeting of the Working Group on the implementation of the Roadmap on the rule of law in advocacy and agreed to join it expressed their support for the initiative of the Ukrainian National Bar Association.
Legislation
How will the group responsible for implementing the Roadmap for advocacy operate?
The working group on the implementation of the Roadmap on the rule of law in the area of advocacy will operate at several levels: plenary meetings as a platform for adopting framework decisions, a coordination bureau for compiling documents and calendar control, and thematic subgroups for preparing norms and their justification. International experts will verify the results against European standards and «red lines».
Legislation
Advocacy is a responsible entity, not a critic of reform — V. Gvozdiy
The Roadmap on the Rule of Law is not a basis for restructuring the model of advocacy, but a framework for verifying and improving the already European-oriented system. At the same time, part of the work has already been done, so further progress should be made in the form of coordinated and practical decisions.
Legislation
Vatras on the implementation of the Roadmap: only advocates should create their own destiny
Work on implementing the Roadmap in relation to advocacy should be based on the participation of the professional community itself, and key tasks should be structured in such a way as to avoid mixing processes that differ in content and procedure.
Legislation
Lidiya Izovitova outlined the approach to implementing the Roadmap for advocacy
The general approach to working on the implementation of the Roadmap on the Rule of Law in terms of reforming advocacy should not be based on «slogans», but rather on gathering facts, comparing them with standards, consulting with the professional community, and formulating norms for which participants are prepared to take responsibility.
Publications
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
Sergiy Vylkov Our judicial system is so built that courts do not trust advocates
Iryna Vasylyk Advocacy in the proclamation of Independence of Ukraine
