To become a lawyer, a serviceman can overcome incompatibility after the war

If, during the war, the regional bar council has decided to issue a certificate of the right to practice law to a person performing military or alternative service, the latter must eliminate the circumstances of incompatibility within six months after the lifting of martial law.
The relevant amendment was made to the Regulation on the Organisation and Procedure for the Internship for Obtaining a Certificate of the Right to Practice Law (Decision of the BCU No. 89 dated 11-12 August 2023).
It is worth reminding that according to part 1 of Article 7 of the Law «On the Bar and Practice of Law», the following activities are incompatible with the practice of law:
1) work in the positions of persons referred to in clause 1, part 1, Article 3 of the Law «On Prevention of Corruption» (public service);
2) military or alternative (non-military) service;
3) notary activity;
4) forensic expert activity.
And according to the general rule of clause 11.13 of the said Regulation, if, based on the results of the internship assessment, the regional bar council decides to issue a certificate of the right to practice law to a person in respect of whom there are circumstances of incompatibility, this person must eliminate them within 30 days from the date of the relevant decision of the Bar Council and before taking the oath of the Ukrainian advocate. If the candidate fails to do so, he or she cannot be sworn in, and the regional bar council must cancel its decision to issue a certificate of the right to practice law. After that, the person may repeat the internship, but if, at the time of the repeated referral to the internship, the certificate of passing the qualification exam is valid.
Thus, the Bar Council of Ukraine has actually protected the interests of those candidates for the bar who have passed all the necessary qualification procedures for obtaining a certificate but were called up for military service. In order to prevent the defenders of Ukraine from losing their opportunity to become advocates, the deadline for them to eliminate the incompatibility circumstances was extended.
Popular news

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.

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.

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.

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.

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
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.

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.
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