Lawyers from the regions will join the study of the efficiency and accessibility of justice
What is the reason for the length of time it takes for cases to be heard in Ukrainian courts today? Is this problem caused by lawyers who file «unnecessary» motions and challenges, and judges are unable to deal with them? How legitimate is it for judges to interfere with the competence of the disciplinary bodies of the Bar?
Answers to these and other questions of the effectiveness and accessibility of justice in Ukraine, as well as possible problems related to the violation of the principle of independence of the Bar, were discussed by the members of the Bar Council of Ukraine during the regular meeting held online on 23 October.
Lidiya Izovitova, the President of UNBA, reminded the audience of the content of the draft laws that have been prepared and are being considered today in connection with counteracting the «abuse» of procedural rights by lawyers.
In particular, we are talking about the draft Law No. 5661 of 14.06.2021 «On Amendments to the Criminal Procedure Code of Ukraine and Some Other Legislative Acts of Ukraine on Improving Certain Provisions on Trial and Pre-trial Investigation», as well as the draft laws «On Amendments to Certain Legislative Acts of Ukraine on the Issuance of a Special Ruling by a Higher Court» and «On Amendments to the Criminal Procedure Code of Ukraine on the Issuance of a Special Ruling by an Investigating Judge or Court», prepared by MP Denys Maslov.
The general idea that unites these documents is an attempt to give judges additional powers related to the establishment of the fact of abuse of rights by a special ruling with subsequent punishment or transfer of decisions to the disciplinary bodies of the bar (the latter become «statisticians» in this case).
In reality, the problem is much broader. And the consequence of its distorted understanding will inevitably be a violation of the principle of independence of the Bar. The court cannot be a body that conducts disciplinary proceedings against an advocate, because only the qualification and disciplinary commissions of the Bar should assess the misconduct of advocates
L.Izovitova reminded that the UNBA has prepared a number of questions to find out the real causes of the problems of efficiency and accessibility of justice. She called on representatives of the regions of Ukraine to join this survey and share their own vision based on their experience in courts.
Popular news
Discussion
Law and feelings: advocates explore contemporary challenges in family law
Marriage and divorce are not only legal procedures, but also social phenomena that require a responsible approach. The UNBA Committee on family law organized and held a professional discussion on the topic «Conscious» marriage and «prudent» divorce: challenges, risks, consequences».
Practice of law
BCU strengthens its position on the right of advocate to prioritize cases
In legal practice, it is not uncommon for court hearings in different cases to be scheduled at the same time. This raises the question: which case should the advocate attend first, and can the court interfere with this decision?
Edition
Advocate or lobbyist? The UNBA has presented a guide to distinguishing between the professions
The Ukrainian National Bar Association has prepared a guide that helps distinguish between the legal status of an advocate and a lobbyist, explains the limits of permissible activities for each, and prevents possible violations of ethical and legal standards when participating in public policy-making.
Announcements
Essay contest on the synergy of human and artificial intelligence in diplomacy has begun
The Educational and Scientific Institute of International Relations at Taras Shevchenko National University of Kyiv invites students from higher education institutions in Ukraine to participate in the Second All-Ukrainian essay competition on the topic «Modern Ukrainian diplomacy: synergy of human and artificial intelligence in defending national interests».
Abroad
Where is the line between respect for the court and the dignity of an advocate?
Ukrainian advocates sometimes complain about condescending attitudes or tactless remarks from judges. But such conflicts are not unique to Ukraine. In various countries, advocates raise issues of communication culture in court, mutual respect, and the inadmissibility of humiliating participants.
Discussion
Occupational safety during wartime: legal risks and employer liability
On October 21, the National Bar Association of Ukraine held a round table discussion on «Occupational safety in conditions of martial law». Participants discussed how the war has changed the requirements for safe working conditions, what guarantees remain for employees, and what responsibility employers bear for violations of legislation in this area.
Abroad
The Czech advocacy has spoken out in defense of the professional independence of its Ukrainian colleagues
The Czech Bar Association (Česká advokátní komora, ČAK) will appeal to Ukrainian President Volodymyr Zelenskyy and Ukrainian authorities to ensure the preservation of the independence of advocacy in Ukraine.
Legal defence of military personnel
When agreement is (im)possible: family disputes involving military personnel
The number of family cases involving military personnel is growing, with the most common issues being divorce, division of joint property, alimony, deprivation or contestation of parental rights, adoption, establishment of guardianship, and cases related to domestic violence.
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