The final draft of the Convention on the Protection of the Rights of Lawyers will appear in 2024
The Committee of Experts on the Protection of Lawyers presented the text of the draft Council of Europe Convention on the Protection of the Rights of Lawyers. The document is being prepared for approval by stakeholders. The final version should be developed by the end of the year.
From January 30 to February 1, Strasbourg (France) hosted the seventh meeting of the Committee of Experts on the Protection of Lawyers (CJ-AV), which operates under the Committee of Ministers and the European Committee on Legal Cooperation (CDCJ) of the Council of Europe. The event was attended by Valentyn Gvozdiy, vice president of the UNBA, who is the vice president of the CJ-AV and one of the developers of the document.
During the meeting, the participants reviewed and agreed on the draft Convention and its explanatory note.
The future international treaty establishes a set of minimum standards applicable to the right of a lawyer to freely exercise his or her professional activity, as well as to protect and ensure the independence of the profession. In addition, it establishes a certain monitoring mechanism.
Further consultations with stakeholders are planned. According to Mr. Gvozdiy, these consultations will be held in two stages. The first stage involves familiarization with the document by the relevant committees and working bodies of the Council of Europe. At the second stage, CJ-AV will hold discussions with leading bar organizations. The results of the consultations will form the basis for finalizing the document. CJ-AV is tasked with finalizing the draft by December 31, 2024.
«The active involvement of Ukraine in the work on the draft Convention on the Protection of the Rights of Advocates by the European institution can be regarded as a recognition of the quality of legal regulation of the legal profession in our country, said vice president of the UNBA. - The reform of the institution was carried out in 2012 in strict accordance with European recommendations. Even the Venice Commission recognized this at the time. Therefore, the elements of the Ukrainian model may well be borrowed to determine the standards of protection of the profession at the European level».
As a reminder, in 2020, the CDCJ explored possible measures to ensure the protection of lawyers. One of them was to be a new legal instrument based on the Committee of Ministers' Recommendation R(2000)21 on the freedom to exercise the profession of lawyer, the Convention for the Protection of Human Rights and Fundamental Freedoms, and the case law of the European Court of Human Rights. In order to implement the developments, in 2022, the CJ-AV was formed as part of the CDCJ, which included 15 specialists from all over Europe, including Ukraine. They prepared the draft Convention.
It is expected that the Convention will be open for ratification by countries that are not members of the Council of Europe, which will make it an integral part of their legislation.
Popular news
Rule of Law Roadmap
Lidiya Izovitova: reform of the advocacy profession should make the profession stronger and individuals better protected
The Ukrainian advocacy community is finalizing work on a new version of the relevant law. The roadmap on the rule of law has set the fourth quarter of 2026 as the deadline for achieving results in this area. The draft is intended to ensure safeguards for the practice of law through mechanisms of accountability for violations.
Abroad
The first country to ratify the Convention on the Protection of the Professions of Lawyer
Bosnia and Herzegovina became the first country to ratify the Council of Europe Convention on the Protection of the Professions of Lawyer (CETS No. 226). The country signed the Convention on March 17, 2026, so it took just over seven months to ratify it.
Support
In Edinburgh expressed gratitude to those who are helping Ukrainian advocates and citizens
Since the start of the full-scale invasion, Scottish legal institutions and the Ukrainian community, with the participation of the UNBA, have been helping Ukrainian advocates obtain their qualifications and Ukrainians receive legal assistance. The parties are now planning joint professional and educational events.
Educational events
What to do when you need immediate protection in the LCIA
A dispute with a counterparty has been referred to the London Court of International Arbitration (LCIA), but it will take several weeks to appoint the arbitrators, and the client needs legal representation immediately? This can be achieved through an emergency arbitrator or expedited tribunal formation.
Educational events
An advocate's meeting with a client outside the office: how to conduct it without giving away too much
If a client suggests meeting in a public place, keep in mind that any name or amount mentioned aloud could be overheard by bystanders. Therefore, it’s important to plan ahead regarding the table, seating arrangements, and the scope of the conversation.
Legislation
The UNBA explained what could undermine the plan to introduce plea agreements
Information regarding who pays whom, how much, and on what grounds under a plea agreement must be made public. However, as long as this information is classified as a state secret or personal data, the court will continue to be able to close proceedings and restrict access to judgments.
Interaction
The UNBA and the German Institute for Eastern Law will prepare joint legal opinions
Ukrainian advocates and German legal scholars will jointly prepare comparative legal studies, expert opinions, and professional events. The UNBA reached this agreement with the Institute for Eastern European Law in Regensburg, which has been researching the laws of Central and Eastern European countries for nearly 70 years.
Educational events
What an advocate can delegate to an assistant, colleagues and AI — and what they cannot
An advocate can delegate even a complex lawsuit to an assistant, consult with colleagues daily, and ask artificial intelligence to find relevant case law. However, it is up to the advocate to proofread the document, verify every reference, and decide what to disclose about the client’s case.
Publications
Vasyl Kolishnyi, «Law and Business» Supporting mental health should become part of the professional culture of the Bar, - H. Udovenko
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
