The rule of law and the right to defense: Ukraine in the spotlight at the BIC meeting at the IBA
Representatives of the Ukrainian legal community had the opportunity to tell their colleagues from many countries about the professional problems faced by defense lawyers during the war.
Today, on November 1, a meeting of the Bar Issues Commission (BIC) of the International Bar Association (IBA) took place in Paris, during which the participants explored methods of improving communication between bar associations and law societies, as well as crucial IBA resolutions and statements.
In his speech, Ken Murphy, Chairman of the BIC Commission, emphasized the importance of maintaining the rule of law at the global level, particularly in the face of current challenges.
Such challenges in the activities of attorneys in Ukraine were voiced by Valentyn Gvozdiy, Vice President of the Ukrainian National Bar Association, UNBA. He informed the members of the Commission about the situation with the rights of advocates in times of war. He also emphasized the importance of ensuring the right to defense for every citizen of Ukraine, even if it requires lawyers to work in the occupied territories. Valentyn Gvozdiy also condemned attempts to declare such lawyers collaborators and spoke about the relevant statement of the Bar Council of Ukraine adopted at the last meeting of the bar self-government body.
As a reminder, the International Bar Association was founded 75 years ago. Today, it unites about 80 thousand lawyers from most of the world's leading law firms and about 190 bar associations and law societies from more than 170 countries.
The BIC Commission actively supports the interests of IBA member organizations representing bar associations, law societies, and other similar bodies worldwide. Their activities include organizing events to discuss issues affecting the global legal professional world, creating working groups that develop resources for bar associations, etc.
Popular news
Guarantees of the practice of law
Ukraine could be the first to implement a European mechanism for the protection of advocates. What’s holding it back?
Ukraine has a chance to be the first country to ratify the Council of Europe Convention on the Protection of the Professions of Lawyer. Political support for this exists, but the government’s legislative package has not yet been submitted to parliament. Meanwhile, the number of violations of advocates’ rights is on the rise.
Educational events
How can an advocate verify that work has been completed if the client refuses to sign the report?
When billing by the hour, the primary document for determining the fee may be a detailed report on the time spent by the advocate and the work performed. To prevent the client from withholding payment, the contract should specify in advance the procedure for submitting and approving such a report.
Interaction
Energy law: the UNBA and the ADMGE have agreed to cooperate
Advocates will deepen their professional expertise in the field of energy law, and participants in the distributed and flexible generation market will have greater opportunities to obtain professional legal assistance.
Court practice
The SC has clarified the different ways to respond to a lawyer's request that is ignored
If there is no response to an advocate’s request, the advocate has the right to file a petition with the Bar Association to hold the person administratively liable. An advocate may challenge the failure to provide information necessary for the provision of legal assistance on behalf of the client, rather than in their own name.
Discussion
The Ministry of Defense is preparing new procedures for MMC: what changes are being proposed
The Ministry of Defense is establishing an interagency working group to develop a new procedure for military medical examinations conducted by military medical commissions. Among the issues requiring resolution are the issuance of documents based on examination results, referrals for repeat medical examinations, verification of the medical basis for decisions, and the accountability of military medical commission members.
Discussion
Original, device and methodology: how digital evidence is verified
To verify the authenticity of an audio or video recording or a digital image, an expert needs information about the file’s origin, how it was created, and, if possible, the original medium and the corresponding device. Without this information, the scope of the investigation may be limited.
Legal defence of military personnel
The Ministry of Defense has taken into account the UNBA's proposals regarding medical commissions for those released from…
The Ministry of Defense has included in the draft amendments to the procedure for military medical examinations certain proposals from the Ukrainian National Bar Association aimed at simplifying the process of confirming the circumstances of health impairments sustained during captivity and establishing a causal link to the defense of the homeland.
Interaction
The UNBA is developing a concept for a Center for expert research
The Ukrainian National Bar Association has begun work on a concept for a Center for expert research, which is intended to provide advocates and their clients with access to specialized knowledge and the ability to have expert opinions professionally reviewed.
Publications
Volodymyr Matsko Extradition during wartime: when the risks outweigh the request
Volodymyr Matsko Extradition as a systemic form of rights violations
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