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
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.

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
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.

Legislation
Support for the defense industry should not upset local budgets, - UNBA
It is necessary to create additional incentives for enterprises in the defense and industrial complex, while ensuring the balance of the budget system and the predictability of both revenues and expenditures of local self-government.

Legislation
UNBA warns of extreme financial risks for defense industry companies
The lack of transparent control over the activities of the Ministry of Defense as a regulator, as well as excessive sanctions for leaving the Defense City regime, create risks for defense enterprises that could lead to their bankruptcy.

Guarantees of the practice of law
BCU reports interference by a member of the High Council of Justice in the activities of a lawyer and submits officia…
The Bar Council of Ukraine, having considered the statement of advocate Oleksandr Vikhrov, established the fact of interference by Roman Maselko, a member of the High Council of Justice, in the advocacy activities, violation of attorney-client privilege, and exceeding his powers in evaluating a candidate for the position of judge.

Legislation
Consent to arrest advocates must be given by bar self-regulatory bodies
Granting the High Council of Justice the power to give consent to the detention of an advocate or to keep him in custody would be a direct interference in the activities of the Ukrainian advocacy. This contradicts the principle of independence of the advocacy guaranteed by the Constitution and laws.
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