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

Advocacy
16:00 Fri 26.01.24 364 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

Guarantees for advocacy without protective measures: proposed changes to the codes

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.

19:41 Tue 13.10.26 101
A bill implementing the Convention on the Protection of the Professions of Lawyer has been introduced

Legislation

A bill implementing the Convention on the Protection of the Professions of Lawyer has been introduced

The constitutional guarantees of legal aid, defense, and the independence of advocacy cannot be realized without protecting advocates from unwarranted interference in their professional activities, including searches, the seizure of professional materials and the use of criminal procedural mechanisms to exert pressure.

14:08 Mon 05.10.26 216
The CCBE is discussing European justice and issues related to the protection of advocates

Abroad

The CCBE is discussing European justice and issues related to the protection of advocates

Today, October 2, a meeting of the Standing Committee of the Council of Bars and Law Societies of Europe (CCBE) is taking place in Brussels. On the agenda are the protection of the advocate profession, the rule of law, attorney-client privilege, and changes in the European justice system.

14:04 Fri 02.10.26 160
The UNBA presented the key provisions of the future law on advocacy in Brussels

Rule of Law Roadmap

The UNBA presented the key provisions of the future law on advocacy in Brussels

The Ukrainian National Bar Association presented its proposals for the upcoming law on advocacy, aligned with the Rule of Law Roadmap. The presentation covered topics such as access to the profession, self-governance, disciplinary procedures, professional development and guarantees for the practice of advocacy.

20:36 Thu 01.10.26 211
First the return of assets, then subsidiary liability — an opinion

Discussion

First the return of assets, then subsidiary liability — an opinion

In bankruptcy cases, the legal entity’s ability to preserve and restore the financial foundation of its operations requires legal protection. In this regard, the right to solvency in which the legal entity is the aggrieved party should be an independent object of legal protection.

16:27 Thu 01.10.26 104
Advocates were taught to voice their complaints without making accusations

Educational events

Advocates were taught to voice their complaints without making accusations

In a difficult conversation, it’s easy to confuse facts with opinions, feelings with accusations, and requests with demands. How can you express dissatisfaction, explain your own needs, and propose a specific solution while still allowing your conversation partner the opportunity to refuse or suggest an alternative?

10:29 Wed 30.09.26 138
Search of an advocate's office after client's acquittal: criminal complaint filed

Guarantees of the practice of law

Search of an advocate's office after client's acquittal: criminal complaint filed

In Kyiv, law enforcement officers conducted a search of the home of an advocate who had defended a client acquitted by the court and seized materials from the advocate’s case file. The proceedings were initiated shortly after the acquittal, even though the document they were searching for was already included in the court case file.

17:54 Tue 29.09.26 108
The paradoxes of urgency: is it possible to investigate a crime before it is committed?

Guarantees of the practice of law

The paradoxes of urgency: is it possible to investigate a crime before it is committed?

On September 24 in Kyiv, National Police officers detained an advocate during an emergency search, having caught him in the act of committing a crime. At the time, the pretrial investigation in this case had already been ongoing for more than four months.

18:01 Mon 28.09.26 115

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

Оберіть файл