UNBA calls to provide for booking of lawyers in the law
The procedure for reservation of persons liable for military service, as defined by Article 25 of the Law «On mobilization training and mobilization», should provide for the reservation of lawyers as persons who are part of the organization of the justice system.
With such an initiative, Lidiya Izovitova, the President of UNBA, BCU once again addressed the Prime Minister of Ukraine Denys Shmyhal, as well as Ruslan Stefanchuk, the Chairman of the Verkhovna Rada, Oleksandr Zavitnevych, the Chairman of the Verkhovna Rada Committee on National Security, Defense and Intelligence and Volodymyr Vatras, the Chairman of the Subcommittee on Organization and Activities of the Bar, Legal Aid Bodies of the Verkhovna Rada Committee on Legal Policy.
This time, the proposal and its justification were prepared by the NAAU and submitted to the Cabinet of Ministers and the Verkhovna Rada in connection with the registration in the Parliament of the governmental draft Law No. 10449 dated 30.01.2024 «On Amendments to Certain Legislative Acts of Ukraine on Certain Issues of Military Service, Mobilization and Military Registration».
The document, in particular, provides for amendments to Article 25 of the Law «On Mobilization Training and Mobilization», according to which persons liable for military service who work or serve in courts, other state bodies and institutions of the justice system and pre-trial investigation bodies will be subject to reservation. It is proposed to establish that the procedure and organization of reservations, criteria, list of positions and professions, as well as the volume of reservations for persons liable for military service will be determined by the Cabinet of Ministers.
The UNBA believes that the list of persons liable for military service who are subject to reservation should be supplemented by lawyers of Ukraine.
After all, the Constitution of Ukraine establishes the right of everyone to professional legal assistance. In cases provided for by law, this assistance is provided free of charge. To provide professional legal aid in Ukraine, the Bar operates, and its independence is guaranteed. Only an advocate can represent another person in court, as well as defend against criminal charges. The principles of organization and operation of the Bar and the practice of law in Ukraine are determined by law (Articles 59, 131-2 of the Constitution).
The Ukrainian Bar consists of all advocates of Ukraine who are entitled to practice law. The Practice of Law is not a commercial activity. All lawyers of Ukraine are united in the Ukrainian National Bar Association, a non-governmental non-profit professional organization.
Thus, on the one hand, the draft law proposes to reserve judges, prosecutors, employees of pre-trial investigation and law enforcement agencies, persons working in courts, other state bodies and institutions of the justice system, and on the other hand, lawyers who are also part of the justice system (constitutional provisions on the bar are found in Chapter VIII «Justice» of the Basic Law) are not subject to reservation.
It should be borne in mind that the activities of the Bar under martial law are of utmost importance. Firstly, the Ukrainian Bar performs the functions of ensuring vital national interests, which are defined in Articles 55 and 59 of the Constitution.
Second, the failure to include the Bar in the system of judicial bodies and institutions causes significant damage to the social sphere, as it leads to the destruction of the social protection system in terms of providing legal aid to vulnerable groups of the population and other citizens, including military personnel.
Thirdly, the lack of reservation of lawyers will have a negative impact on all sectors of life support, especially on the activities of the justice system and law enforcement agencies, as it makes it impossible for the state to fulfill its functions and eliminates the rule of law and legality.
Fourthly, the narrowing or violation of the rights and guarantees of the practice of law through the mass mobilization of lawyers will cause significant damage to the normal living conditions of citizens who will not be able to exercise the right to defense, equality and competition, and the right to a fair trial. This is unacceptable in a state governed by the rule of law and in the European Union.
Taking into account the above, the UNBA proposes to supplement the draft law No. 10449 with a provision on the reservation of advocates as persons who are members of institutions and organizations of the justice system and to provide for such a category of specially authorized persons in the development and approval of the Procedure and organization of reservation, criteria, list of positions and professions, as well as the scope of reservation of persons liable for military service, which will be determined by the Cabinet of Ministers of Ukraine.
The issue of booking attorneys is planned to be discussed at the next meeting of the Bar Council of Ukraine.
Earlier, the Ukrainian National Bar Association has already appealed to the Cabinet of Ministers of Ukraine regarding the reservation of advocates who are liable for military service, pursuant to the decision of the UNBA dated 07.03.2023 No. 15.
Popular news
Interaction
Protecting the rights of service members: The UNBA and the Military Ombudsman have agreed on cooperation
Servicemembers, reservists, conscripts during training exercises, members of local community volunteer units, and other individuals covered by the Law «On the Military Ombudsman» should have better access to professional legal assistance.
Rule of Law Roadmap
Reform without data and advocacy: what the Ministry of Justice’s launch has revealed
The Ministry of Justice hosted the first meeting of the working group on bar reform. But instead of professional preparation of legislative changes, we saw exactly what Armada Network Director Dale Armstrong had spoken about the day before in Kyiv: not reform, but a struggle for control over the agenda through a narrow circle of “stakeholders” who create an echo chamber of influence for themselves.
Rule of Law Roadmap
Advocacy, European integration and the limits of intervention: an American report presented in Kyiv
Following its presentation in Brussels, the report «The Ukrainian advocacy in the context of the rule of law and European integration» made its way to Kyiv. It highlighted critical issues both in understanding the very nature of the self-governing profession and in the emergence of a «shadow market» surrounding the Ukrainian advocacy.
Discussion
ETAIDF and MMC: where the system fails
The new system for assessing a person’s daily functioning and the practice of undergoing medical-legal examinations have already raised numerous questions — ranging from unclear procedures to difficulties in appealing decisions. These issues were examined by advocates during the roundtable discussion «Problematic issues of the ETAIDF and MMC», organized by the UNBA Committee on the protection of the rights of persons with disabilities and the All-Ukrainian public organization «Human rights union of persons with disabilities».
Rule of Law Roadmap
Access to the advocate profession: a subgroup has identified the direction of change
On Monday, March 16, a meeting was held of the subgroup «Access to the profession and training of advocates. Organizational forms of legal practice» of the Working Group on the implementation of the Rule of Law Roadmap.
Rule of Law Roadmap
Organization of advocacy: subgroup agrees on approaches to regulatory reform
On March 13, a meeting was held of the «Organization of the advocacy and self-government» subgroup of the Working Group on the implementation of the Rule of Law Roadmap regarding bar reform. The event was conducted via videoconference.
Guarantees of the practice of law
Ukraine has signed the Convention for the Protection of the Profession of Lawyer
Today, on 9 March, Ukraine's Permanent Representative to the Council of Europe Mykola Tochytskyi signed the Council of Europe Convention for the Protection of the Profession of Lawyer. This makes our country the 28th to sign this important international treaty.
European integration
The subgroup on European integration held its inaugural meeting
On March 5, the Ukrainian National Bar Association hosted a meeting of the subgroup of the Working Group on the implementation of the Roadmap on the rule of law in terms of reforming the advocacy sector, entitled «European integration, international practice and digitalization».
Publications
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
Sergiy Vylkov Our judicial system is so built that courts do not trust advocates