Ukrainian and American Bar Association Meet in Nation’s Capital
Discuss current challenges to the rule of law in Ukraine
Washington DC – (Wednesday, October 28, 2015) – A delegation of the Ukrainian National Bar Association met with representatives of the American Bar Association, Rule of Law Initiative, Wednesday in Washington DC. The aim of the visit by the UNBA was to discuss the role and history of the UNBA in Ukraine and issues of current legal reform in the country. The UNBA delegation was led by it’s Deputy Head Mr. Valentyn Gvozdiy, who was joined by the UNBA Secretary Pavel Grechkivsky and Deputy Head of International Relations Committee Ivan Grechkivsky.
The meeting focused on the still relatively recent establishment of the UNBA and its role vis-à-vis attorneys within Ukraine. Gvozdiy discussed several key relationships they UNBA has formed with international partners, and its initiative to develop a strategic vision for the organization with the help of the Council of Europe and European Union. The discussion also focused on potential threats to legal profession, (first of all for the Bar), and the rule of in Ukraine, and the need for continued reform in this sector, including urgent need of reform in the state’s current imperfect scheme for providing of legal aid according to best world practice.
Participants agreed on the paramount importance of the freedom and exercise of the legal profession, and the independence of attorneys, in well-established and new democracies alike.
Popular news
Legislation
A bill implementing the Convention on the Protection of the Professions of Lawyer has been introduced
The constitutional guarantees of legal aid, defense, and the independence of advocacy cannot be realized without protecting advocates from unwarranted interference in their professional activities, including searches, the seizure of professional materials and the use of criminal procedural mechanisms to exert pressure.
Abroad
The CCBE is discussing European justice and issues related to the protection of advocates
Today, October 2, a meeting of the Standing Committee of the Council of Bars and Law Societies of Europe (CCBE) is taking place in Brussels. On the agenda are the protection of the advocate profession, the rule of law, attorney-client privilege, and changes in the European justice system.
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.
Educational events
Time, risk of dismissal and effort to provide rationale: how a court reads a procedural document
When drafting a procedural document, an advocate should take into account three criteria used by the court: the time required to review the materials, the risk of the decision being overturned, and the effort required to provide a rationale for it.
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
