The BCU assessed the NACP's clarifications on advocates as subjects of declaration
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
Advocacy
The UNBA is studying additional opportunities to support advocates
The full-scale invasion has seriously affected the mental health of all Ukrainians. There are certain vulnerable groups that have been most affected by the war in their personal and professional lives, including lawyers.
Advocacy
Everyone deserves protection, the Bar fulfills this requirement of the Constitution
The formation of the opinion in society that lawyers somehow choose their clients incorrectly because some people are not worthy of defense is a very dangerous phenomenon for the state. In the future, our enemies can use it against Ukraine.
Advocacy
The peculiarities of publishing decisions of the QDCB were explained by the BCU
According to the Law on Access to Public Information, managers of such information are obliged to publish the acts they adopt. At the same time, the decisions made by the qualification and disciplinary commissions of the bar contain both attorney-client privilege and personal data.
Advocacy
Public perception of the role of lawyers is a global problem, - V. Gvozdiy
«Statements and actions that undermine confidence in the independence of the legal profession and potentially threaten the safety of lawyers ultimately undermine confidence in the entire justice system and the rule of law. No lawyer should be attacked for doing their job».
Advocacy
UNBA comments on lawyers' «interference» in mobilization processes
Recently, after another scandal, the Volyn Regional Territorial Center for Recruitment and Social Support stated that lawyers should not interfere with the processes of mobilization and military medical examination. The statement has already been commented on by the National Bar Association of Ukraine.
Advocacy
HCJ engages Valentyn Gvozdiy to develop measures to ensure judicial independence
Valentyn Gvozdiy, Vice President of the Ukrainian National Bar Association and the Bar Council of Ukraine, was appointed to the working group on the development and implementation of measures to ensure the independence of judges and the authority of justice.
Advocacy
Use of legal remedies is not pressure – BCU
Lidiya Izovitova, the President of the UNBA, BCU appealed to the Prosecutor General's Office and the Council of Prosecutors of Ukraine regarding the inadmissibility of pressure on lawyers who use legal means of defense in the framework of providing legal aid.
Advocacy
The Council of Europe supports the development of UNBA
The Council of Europe Office in Ukraine will provide all possible support for the development of the Ukrainian National Bar Association and its initiatives for the benefit of Ukrainian society.
Publications
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
Iryna Vasylyk Advocacy in the proclamation of Independence of Ukraine
Oleksandr DULSKY When we cross the border of the Supreme Anti-Corruption Court, we get into another department of the National Anti-Corruption…
Vadym Krasnyk The UNBA will work, and all obstacles and restrictions are only temporary inconveniences
Lydia Izovitova Interview with Lydia Izovitova on the occasion of the 8th anniversary of the founding of UNBA: We are the voice of t…