The BCU assessed the NACP's clarifications on advocates as subjects of declaration

Advocacy
16:00 Fri 26.01.24 283 Reviews
Print

The NACP's explanations on the declaration are for clarification purposes only and do not establish new legal norms. The Agency is not a legislative body and cannot establish new legal norms, change, replace or interpret them.

The Bar Council of Ukraine drew attention to this when assessing the NACP's explanation of November 13, 2023, that the subjects covered by the Law «On Prevention of Corruption» are members of the High Qualification and Disciplinary Commission of the Bar, disciplinary chambers of the QDCA (the decision of the BCU of December 15-16, 2023, No. 134, published on the UNBA website).

It should be reminded that according to Article 3 art. 2 of the Law, its effect (including the obligation to file declarations) applies to «representatives of public associations, scientific institutions, educational institutions, experts of appropriate qualifications, other persons who are members of competition and disciplinary commissions established in accordance with... laws». The NACP is convinced that this provision should also be applied to the disciplinary bodies of the Bar.

However, the information set forth in the aforementioned explanation only reflects the position of the state body in numerous disputes. The end result was the ruling of the Grand Chamber of the Supreme Court dated 02.02.2023 (case No. 260/3380/21), which did not establish the obligation of lawyers to file declarations.

In its turn, the BCU disagreed with the NACP's position and noted that the broad interpretation of the Law contradicts the principle of legal certainty, which is a component of the rule of law.

The Bar is an independent self-governing professional human rights institution of civil society, i.e. a non-governmental institution whose activities are not related to the performance of the functions of the state or local self-government. Public authorities and local governments have no right to interfere with the activities of the Bar and bar self-government bodies.

The BCU also referred to the position of the Constitutional Court (Decision No. 5-rp/2005 of 22.09. 2005) that legal constructions of legal norms (definitions, dispositions) that do not allow their addressees - individuals engaged in activities related to the prevention and combating of corruption - to clearly clarify their obligations to submit a declaration of a person authorized to perform the functions of the state or local self-government to fully determine their behavior and foresee the consequences of their actions, in some cases may lead to arbitrary interpretation of the provisions of laws by specially authorized entities (public authorities) in the field of combating corruption, which may lead to arbitrariness in bringing individuals to legal liability, and cause other negative legal consequences for them.

Thus, the NACP's broad arbitrary interpretation of the law is an interference by the executive body in the activities of the independent institution of the bar. In turn, the failure of the members of the HQDCA and the disciplinary chambers of the QDCA to file declarations is legitimate due to the lack of legal certainty in this matter in the current legislation.

Popular news

The UNBA presented the CCBE with an overview of legal reform and challenges

European integration

The UNBA presented the CCBE with an overview of legal reform and challenges

Reform of the legal profession, Ukraine’s European integration commitments, guarantees of the profession’s independence, and practices of bar self-governance in European countries — these issues were the subject of discussion at the Council of Bars and Law Societies of Europe (CCBE).

14:39 Mon 01.06.26 130
The UNBA is compiling the findings of the subgroups regarding the implementation of the Rule of Law Roadmap

Rule of Law Roadmap

The UNBA is compiling the findings of the subgroups regarding the implementation of the Rule of Law Roadmap

Today, May 28, the Ukrainian National Bar Association hosted a meeting of the Coordination Bureau of the Working Group on the implementation of the Rule of Law Roadmap regarding the reform of the advocacy profession. Following a series of meetings by thematic subgroups, the work is now moving to the stage of consolidating proposals and preparing a coordinated package of recommendations.

18:53 Thu 28.05.26 105
UNBA discussed removing barriers at border crossings for families with children with disabilities

Discussion

UNBA discussed removing barriers at border crossings for families with children with disabilities

Families of children with disabilities face additional requirements when traveling abroad, particularly regarding consular registration. What is happening and what changes are needed to remove these obstacles were discussed during the roundtable «Borders without barriers for families of children with disabilities».

17:13 Thu 28.05.26 106
New rules, old problems: the UNBA discussed the work of the ETAIDF and MMC

Discussion

New rules, old problems: the UNBA discussed the work of the ETAIDF and MMC

The reform of medical-social assessment and military medical commissions has changed procedures but has not resolved practical issues. People face situations where documents are not issued, decisions are based on technicalities, assessments are delayed, and they struggle to demonstrate their actual health status in specific life situations.

16:18 Wed 27.05.26 119
Co-parenting shouldn't be reduced to a 50/50 formula, — roundtable discussion

Discussion

Co-parenting shouldn't be reduced to a 50/50 formula, — roundtable discussion

Following a divorce, joint custody can serve as a mechanism for ensuring equal parental rights. However, this model requires clear criteria and cannot be applied automatically without taking into account the child’s age, the level of conflict between the parents, the risk of violence, and the feasibility of enforcing the future decision.

17:02 Wed 20.05.26 121
Penalties for errors in military registration require clear rules, – UNBA

Legislation

Penalties for errors in military registration require clear rules, – UNBA

The liability of officials for violations of military registration rules must be legally defined, proportionate, and effectively enforceable. Otherwise, the new fines will not protect citizens from registration errors but will create additional risks.

18:14 Mon 18.05.26 158
Lidiya Izovitova: In the context of European integration reforms, advocacy is a partner of the state, not a target of reform

European integration

Lidiya Izovitova: In the context of European integration reforms, advocacy is a partner of the state, not a target of reform

The war has significantly altered the working conditions for advocates, while European integration has presented the profession with new institutional challenges. The ongoing negotiation process covers issues such as the rule of law, judicial independence, fundamental rights, justice, freedom and security.

15:13 Fri 15.05.26 185
The Verkhovna Rada discussed the next steps for ratifying the Convention on the Protection of the Professions of Lawyer

Guarantees of the practice of law

The Verkhovna Rada discussed the next steps for ratifying the Convention on the Protection of the Professions of Lawyer

The Verkhovna Rada Committee on legal policy held a working meeting to prepare for the ratification of the Convention for the Protection of the Profession of Lawyer. The meeting was attended by members of parliament, representatives of the Office of the President, the Ministry of Justice, the Ministry of Foreign Affairs and the Ukrainian National Bar Association.

13:12 Thu 14.05.26 195

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

Оберіть файл