UNBA Judicial Committee gets a new Chairman
Attorney Andriy Tsygankov has been appointed as the Chairman of the Committee on the Independence of Justice and the Judiciary of the Ukrainian National Bar Association.
Previously, Mr. Tsygankov headed the UNBA's Committees on Information Policy and Ethics.
The Committee on the Independence of Justice and the Judiciary was established in February 2022. Its tasks are as follows:
- scientific and practical study of the current state of judicial proceedings and the judiciary;
- developing generalized proposals and presenting them to the working bodies of the Verkhovna Rada of Ukraine and other state authorities, commissions, working groups, etc;
- submitting such proposals and comments to the subjects of legislative initiative and subjects authorized to adopt bylaws related to the judiciary and the judicial system;
- analysis and generalization of law enforcement practice in the field of judicial proceedings, judicial system and judicial independence;
- in agreement with the UNBA management, discussing the formed proposals with judicial and other professional associations;
- holding public events (conferences, roundtables, seminars, etc.) on legal issues and practical implementation of judicial proceedings, judicial system and judicial independence;
- development of training programs aimed at expert discussion of problematic issues, advanced training of attorneys on practical aspects of the functioning of judicial governance and self-government bodies.
The Ukrainian National Bar Association has recently decided to study the effectiveness and accessibility of justice and invited lawyers from the regions to participate. In particular, it is planned to find answers to the following questions: what is the real reason for the length of time for consideration of cases in Ukrainian courts, are lawyers to blame for this problem, and how legitimate is the interference of judges in the competence of the bar's disciplinary bodies?
Popular news
Legislation
The UNBA explained what could undermine the plan to introduce plea agreements
Information regarding who pays whom, how much, and on what grounds under a plea agreement must be made public. However, as long as this information is classified as a state secret or personal data, the court will continue to be able to close proceedings and restrict access to judgments.
Interaction
The UNBA and the German Institute for Eastern Law will prepare joint legal opinions
Ukrainian advocates and German legal scholars will jointly prepare comparative legal studies, expert opinions, and professional events. The UNBA reached this agreement with the Institute for Eastern European Law in Regensburg, which has been researching the laws of Central and Eastern European countries for nearly 70 years.
Legislation
Proceedings against military personnel following AWOL require clear deadlines — UNBA
A soldier’s return to duty after AWOL does not necessarily mean the end of criminal proceedings. To ensure that the case does not remain at the pretrial investigation stage, a clear procedure for the investigator and prosecutor is required.
Educational events
A one-time payment or royalties? Students were briefed on changes to copyright agreements
As a general rule, property rights to a work created by an employee are transferred to the employer, but the author retains the right to remuneration. European law requires that this remuneration be based on the actual income generated by the work, rather than being limited to a one-time payment.
Legislation
The UNBA warned of the risk of customs barriers for Ukrainian paper and furniture
Ukraine’s anti-deforestation rules are intended to preserve export access to the EU market. However, without paper and furniture on the list of goods, without effective sanctions, and with enforcement beginning only in 2030, these rules could hinder that goal.
Legislation
Fines for loud exhaust — based on a standardized measurement method — UNBA
Measures to combat intentionally loud exhaust noises are justified, especially during wartime. However, as long as the law does not specify which noise standard to apply or how to measure it on the road, this new liability can be neither fair nor effective.
Educational events
What should an advocate do if a client is under severe stress?
An advocate may encounter a client in a state of acute stress, when the person is looking at the other person but does not see them. Before discussing the case, it is important to bring the client back to reality: establish contact, ask a few questions, and engage their senses.
Guarantees of the practice of law
Guarantees for advocacy without protective measures: proposed changes to the codes
The current law sets forth the rights and guarantees of the legal profession, but lacks the tools to protect them. The future law on advocacy is intended to fill this gap through amendments to criminal, administrative and procedural legislation.
Publications
Vasyl Kolishnyi, «Law and Business» Supporting mental health should become part of the professional culture of the Bar, - H. Udovenko
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