Substitution of disciplinary bodies of the bar by the court destroys human rights protection, - Lidiya Izovitova

Advocacy
17:00 Fri 10.11.23 223 Reviews
Print

An active lawyer is almost always an irritant to the court. And attempts to interpret human rights protection activities as an abuse of procedural rights (as some parliamentarians propose today) are the destruction of the idea of fair trial.

This opinion was expressed by Lidiya Izovitova, President of the UNBA, in her welcoming speech at the XIII International Scientific and Practical Conference «Advocacy: Past, Present and Future», which is taking place today, November 10, at the National University «Odesa Law Academy».

L. Izovitova cited certain provisions of draft law No. 5661 and some other legislative initiatives, which propose to bring lawyers to justice for the so-called abuse of procedural rights in order to speed up the consideration of cases by the courts. This means fining the advocates directly by the judges or stating the fact of abuse (instead of establishing the signs of misconduct) and passing the relevant decision to the disciplinary bodies of the bar for execution.

Such drafts actually give the courts additional powers to influence lawyers, which distorts the existing model of an independent bar, and disciplinary procedures against lawyers are replaced by direct judicial intervention, said President of the UNBA.

«So, at the legislative level, we are monitoring attempts to replace the independent disciplinary bodies of the Bar with the court. At the same time, in a position of interest to the court», - she noted. – «Lawyers are encouraged to remain silent and inactive in court. In fact, these are efforts to destroy the human rights function of the bar».

That is why the Ukrainian National Bar Association constantly monitors the existing problems of the legal profession, analyzes them and develops effective ways to overcome them. The President of Ukraine, the leadership of the Verkhovna Rada and its specialized committees, as well as the international community are informed about initiatives that threaten the principles of the practice of law. The reasoned position of the Bar is systematically communicated to the public through the legal media.

In those issues where broad support is needed, the bar community is involved. President of the UNBA said that a public discussion of the problem of efficiency and accessibility of justice had recently been initiated. «It really exists and requires an in-depth study», noted Ms. Izovitova. – «To find out its roots, the UNBA invited all practicing attorneys to tell about their own experience in courts».

During her speech, President of the UNBA also focused on other challenges faced by the institution of the bar during martial law. «Unfortunately, new times cannot be called favorable for lawyers and the Bar. Excessive radicalization of society caused by the troubles of war creates an increased demand among Ukrainians for punishment of enemies, war criminals and their accomplices. Therefore, the competitiveness of the parties in court and the provision of quality defense for suspects and accused are sometimes perceived (and this is used) as obstacles to justice and the restoration of the desired justice», explained Ms. Izovitova. She also criticized the attempts to criminalize the advocacy of defending Ukrainian citizens in the temporarily occupied territories.

These and other aspects of the legal profession are constantly discussed at every meeting of the Bar Council of Ukraine. Over the decades of its work, this bar self-government body has already developed effective mechanisms for solving current problems and is ready for new challenges, assured President of the UNBA.

She thanked the organizers of the conference for their loyalty to the established traditions, openness to all points of view and constructive approach to the consideration of complex theoretical and practical issues, wished the participants self-confidence and creative inspiration, and expressed hope that today will bring Ukraine the quality solutions necessary for its development as a state governed by the rule of law.

Popular news

Attempts to discredit advocates go beyond freedom of speech — IBA and UNBA meeting

Discussion

Attempts to discredit advocates go beyond freedom of speech — IBA and UNBA meeting

On September 17, as part of his working visit to Ukraine, Mark Ellis, Executive director of the International Bar Association (IBA), visited the Ukrainian National Bar Association, where a working meeting was held on ensuring guarantees for the practice of law in Ukraine.

16:18 Thu 18.09.25 218
Data from registers on powers of attorney and wills compromised – NCU

Other

Data from registers on powers of attorney and wills compromised – NCU

During testing of the e-notary system, it was established that the test (training) version contained all data on powers of attorney, wills, and documents registered in the Unified Register of Powers of Attorney and the Inheritance Register copied up to a certain date.

14:23 Thu 18.09.25 191
IBA’s BIC supports UNBA: advocates should not be identified with their clients

Guarantees of the practice of law

IBA’s BIC supports UNBA: advocates should not be identified with their clients

The International Bar Association's Bar Issues Commission (IBA’s BIC) has sent a letter to the President of the Ukrainian National Bar Association expressing concern over the UNBA's reporting of attacks on the independence of the legal profession and the safety of lawyers in Ukraine.

16:38 Wed 17.09.25 355
Sincerity, respect, and trust: what is important when communicating with military personnel and veterans

Legal defence of military personnel

Sincerity, respect, and trust: what is important when communicating with military personnel and veterans

War changes people not only through their experiences on the front lines or losses, but above all through their perceptions of security, justice, and the limits of their own endurance. Therefore, communication with military personnel and veterans goes beyond psychological issues and becomes a matter of public culture, human rights practice, and even professional ethics for advocates.

16:47 Tue 16.09.25 101
UNBA declares discriminatory changes to the procedure for selecting advocates for FLA

Legal Aid

UNBA declares discriminatory changes to the procedure for selecting advocates for FLA

The government Committee chaired by Vice-Prime-Minister for European and Euro-Atlantic integration Taras Kachka rejected the advocacy's comments; the UNBA emphasizes the violation of European standards and is preparing a judicial appeal if the resolution is adopted.

11:31 Tue 16.09.25 150
The BCU called on the President to sign the Law on responsibility for identifying an advocate with a client

Guarantees of the practice of law

The BCU called on the President to sign the Law on responsibility for identifying an advocate with a client

On September 15, 2025, the BCU held an extraordinary meeting and adopted an appeal to the President requesting him to sign Law No. 4547-IX of July 16, 2025, which introduces administrative liability for publicly identifying an advocate with a client.

18:23 Mon 15.09.25 235
Pressure due to mobilization and criminal cases: who will protect advocates?

Discussion

Pressure due to mobilization and criminal cases: who will protect advocates?

Martial law creates new challenges for advocacy: violations of professional rights have become systematic, with the most common forms of pressure being the mobilization of advocates while they are performing their professional duties and their prosecution as defendants in cases where they were acting as defense counsel.

17:47 Fri 12.09.25 126
The challenges facing advocacy in times of war were outlined at a conference in Chisinau

Discussion

The challenges facing advocacy in times of war were outlined at a conference in Chisinau

Thanks to the current law, Ukrainian advocacy has constitutionally enshrined independence and special status, reinforced by the 2016 judicial reform. However, wartime has presented the profession with new challenges.

17:21 Fri 12.09.25 125

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

Оберіть файл