In Moldova lawyers discussed the risks of the profession
Recently the International Conference of the Union of Advocates of the Republic of Moldova was held in Chisinau, during which participants from different countries discussed current issues of the Bar.
The event was attended by representatives of the Ukrainian National Bar Association.
In her speech, Lidiya Izovitova, the president of UNBA, in particular, drew attention to the fact that in Ukraine, during the martial law, the problem of violation of the rights of advocates and guarantees of the practice of law has become particularly acute: disregard for the principle of confidentiality, identification of an advocate with a client, lack of respect for the attorney-client privilege, and encroachment on life and health. In times of war, society does not always share the protective mission of lawyers, so the profession becomes risky. Nevertheless, the Bar steadfastly upholds the constitutional principle of the rule of law and hopes that society will eventually come to understand its value. In such a critical situation, the support of colleagues and international partners is of particular importance.
One of the conference sessions was devoted to the issue of risks to the legal profession. Highlighting the problem of the identification of lawyers with clients in Ukraine, member of the Bar Council of Ukraine from Rivne region Hanna Lazarchuk spoke about the peculiarities of defending persons suspected of war crimes and collaboration.
«There is an opinion in society that if you defend a traitor, you are a traitor yourself. That is why some colleagues refuse to defend clients, fearing for their lives and the lives of their loved ones», she explained. «There are frequent cases of serving summonses to lawyers right during investigative actions or court hearings, in order to eliminate a lawyer who is inconvenient for the investigation, too active. The UNBA considered more than ten appeals from colleagues on this topic. But these are only those who, despite the public pressure, were not afraid to speak out and ask for help. In fact, there are many more such cases», said Lazarchuk.
In addition to the problems of the Institute's activity, the attorneys in Chisinau also paid attention to the aspects of digitalisation of the judiciary. The UNBA representative in the Republic of Moldova, Yuriy Hryhorenko, shared with his colleagues the experience of digitalisation in the management of a professional organisation that unites all Ukrainian lawyers.
In particular, he told his colleagues about the Unified Register of Advocates of Ukraine, which over the ten years of its existence has become a multifunctional service for every advocate, his business card. An online platform of the Higher School of Advocacy was created for professional development. It brings together four in-service training providers that organise more than two thousand events annually.
Yuriy Hryhorenko also announced plans to create a system for paralegals, automate the procedure for acquiring the right to practice law, introduce new IT products to improve and simplify the operational functions of the UNBA office, its committees and regional bar councils, and synchronise the Electronic Court system with the URAU. «Today, working through the E-Court is perhaps the only opportunity for lawyers who left Ukraine because of the war to stay in the profession, provide legal aid and have a livelihood», said the UNBA representative in the Republic of Moldova.
The Ukrainian delegation also expressed its gratitude for the financial assistance received by the Ukrainian Bar and for the shelter of Ukrainians in Moldova. «I would like to ask you to support Ukrainian lawyers in Moldova who have lost their jobs», said Lidiya Izovitova. – «Some of them continue to perform their professional duties online (through our e-court system). Others could practice in your territory under Ukrainian law. The relevant recommendations were prepared by the Council of Bars and Law Societies of Europe (CCBE) in September last year».
Popular news
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
Roadmap and advocacy: working group holds first meeting
On January 2, the first organizational meeting of the Working Group on the implementation of the Roadmap on the rule of law in the area of advocacy reform took place. The event was devoted to agreeing on the framework for further work and exchanging the initial positions of the participants.
Self-government
BCU: NACP initiatives regarding the Bar are unconstitutional interference
The Bar Council of Ukraine has condemned the initiatives to reform the Bar proposed by the National Agency on Corruption Prevention as direct, gross and systematic interference by the executive branch in the activities of an independent constitutional institution.
Self-government
UNBA program for implementation of the Roadmap on the rule of law published
In order to ensure the implementation of measures set out in the Roadmap on the Rule of Law, the Bar Council of Ukraine approved a program for its implementation in relation to the reform of advocacy.
Professional Conduct
The results of the CISA cannot be used in disciplinary proceedings against advocates – BCU
Materials obtained through covert investigative (search) activities involving interference in private communications cannot be transferred or used in disciplinary proceedings against advocates. This is because the Code of Criminal Procedure does not allow investigators or prosecutors to use such materials outside of criminal proceedings.
URAU
Access to advocate contacts in URAU has been restored
The Bar Council of Ukraine has opened up public access to data from the Unified Register of Advocates of Ukraine, which was closed at the start of the full-scale invasion in 2022. The decision was made at a meeting on December 12–13.
Publications
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
Oleksandr DULSKY When we cross the border of the Supreme Anti-Corruption Court, we get into another department of the National Anti-Corruption…