Lawyers from the regions will join the study of the efficiency and accessibility of justice

Advocacy
19:00 Mon 23.10.23 203 Reviews
Print

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

The Bar Council of Ukraine appealed to the High Council of Justice due to delays in forming the Competition Commission of the HQCJ

Advocacy

The Bar Council of Ukraine appealed to the High Council of Justice due to delays in forming the Competition Commission of t…

On June 13, 2025, Lidiya Izovitova, President of the Bar Council of Ukraine, addressed Grigory Usik, Head of the High Council of Justice, regarding the violation of the deadlines for forming a new composition of the Competition Commission for the selection of members of the High Qualification Commission of Judges of Ukraine.

17:29 Fri 13.06.25 106
UNBA calls for compliance with Council of Europe standards for the legal profession

Advocacy

UNBA calls for compliance with Council of Europe standards for the legal profession

The recently approved roadmap for EU accession in terms of bar reform refers to non-existent European standards and was adopted in violation of international principles. Therefore, before talking about changes, it is necessary to compare the current model of the bar with the Council of Europe standards embodied in the Convention on the Protection of the Profession of Lawyer.

14:19 Fri 06.06.25 113
Mobilization of advocates in court: UNBA records another case of pressure

Advocacy

Mobilization of advocates in court: UNBA records another case of pressure

The Ukrainian advocacy has once again faced extrajudicial influence on advocates with the aim of obstructing the exercise of their legitimate powers related to the provision of professional legal assistance to clients.

16:35 Fri 30.05.25 184
BCU demands verification of authenticity of SSU letter on «dangerous» advocacy

Advocacy

BCU demands verification of authenticity of SSU letter on «dangerous» advocacy

The Bar Council of Ukraine will appeal to the head of the Security Service of Ukraine, Vasyl Malyuk, regarding the verification of information about «negative trends in the legal profession» disseminated by some media outlets on behalf of the SSU.

17:34 Wed 14.05.25 142
Council of Europe Convention on the Protection of the Profession of Advocate open for signature

Advocacy

Council of Europe Convention on the Protection of the Profession of Advocate open for signature

Thirteen member states of the Council of Europe have signed the Convention on the Protection of the Profession of Advocate, which was adopted by the Committee of Ministers of the Council of Europe on March 12, 2025. Four more countries will do so today. Ukraine is not among them.

9:28 Wed 14.05.25 169
BCU initiates resolution of the issue of visits by advocates to convicted persons

Advocacy

BCU initiates resolution of the issue of visits by advocates to convicted persons

Article 110 of the Criminal Enforcement Code guarantees convicted persons confidentiality of meetings with their advocate. One of the important elements is the possibility to communicate with an advocate in a room without a solid partition. In practice, this provision of the law is systematically violated.

12:32 Wed 07.05.25 132
Advocates, academics, and experts examine problems in forensic examination (video)

Advocacy

Advocates, academics, and experts examine problems in forensic examination (video)

The Ukrainian National Bar Association, in cooperation with leading scientific and research institutes of forensic expertise, organized a round table on expert support for legal practice.

14:39 Mon 05.05.25 151
Does the mobilization of a lawyer violate the human right to defense - conclusion of the Supreme Court

Advocacy

Does the mobilization of a lawyer violate the human right to defense - conclusion of the Supreme Court

Article 335 of the CPC provides for the suspension of court proceedings only in cases where the accused was called up for military service during mobilization. However, this provision does not apply to the mobilization of a defense counsel.

16:46 Fri 02.05.25 144

Надішліть файл із текстом публікації у форматі *.doc, фотографію за тематикою у розмірі 640х400 та Ваше фото.

Оберіть файл