Draft law 10449: UNBA submits amendments to the lawyers' booking
In order to ensure the constitutional guarantee of everyone's right to legal aid, the draft law No. 10449 on strengthening mobilization should provide for the reservation of lawyers. The relevant amendments will be sent to the entities involved in the process of preparing the draft law for the second reading.
This decision was made by the Bar Council of Ukraine at its meeting on February 8.
Yesterday, on February 7, the Verkhovna Rada adopted as a basis the draft Law No. 10449 of 30.01.2024 «On Amendments to Certain Legislative Acts of Ukraine on Certain Issues of Military Service, Mobilization and Military Registration». According to the rules of procedure, MPs have two weeks to submit comments and suggestions (amendments) to the relevant parliamentary committee to finalize the document and prepare it for the second reading.
In particular, the draft law 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 Ukrainian lawyers.
«Everyone knows that judges and prosecutors who work in the justice system are protected from mobilization. And not only they - their assistants, other court and prosecutor's office employees, and employees of other law enforcement agencies. However, the issue of lawyers who protect people's rights by providing legal aid has not been resolved», said Lidiya Izovitova, the president of UNBA, BCU.
She recalled that the UNBA has repeatedly noted that the procedure for reserving persons liable for military service should also include lawyers as members of the organization of the justice system, and appealed to the Cabinet of Ministers and the Parliament on this issue.
«If the draft law was adopted even without the proposals of the relevant parliamentary committee, it means that our position on this issue has not been considered, - explained L. Izovitova. - Given the existing legislative procedure for preparing the draft law for the second reading, I propose to submit our specific proposals for supplementing the articles of the draft law on the reservation of lawyers to the Verkhovna Rada Committee on National Security, Defense and Intelligence, as well as to the Speaker of the Parliament, MPs and the Parliamentary Commissioner for Human Rights, as subjects of legislative initiative».
Oleksiy Kukhar, deputy chairman of the UNBA, BCU estimates that there are 7-10 thousand lawyers liable for military service. «On the one hand, such a number of men will not affect the country's defense capability at all if they receive reservations. On the other hand, this is the most active part of the lawyers, - he noted. - This is the «layer» of male lawyers who can be at investigative actions somewhere at the front, go close to it to conduct investigative actions, where it is difficult for women to get and difficult to stay. Therefore, their mobilization will significantly reduce the protection of citizens, which must be taken into account».
Popular news
Self-government
UNBA program for implementation of the Roadmap on the rule of law published
In order to ensure the implementation of measures set out in the Roadmap on the Rule of Law, the Bar Council of Ukraine approved a program for its implementation in relation to the reform of advocacy.
URAU
Access to advocate contacts in URAU has been restored
The Bar Council of Ukraine has opened up public access to data from the Unified Register of Advocates of Ukraine, which was closed at the start of the full-scale invasion in 2022. The decision was made at a meeting on December 12–13.
Self-government
Members of the QDCB are not required to submit declarations - BCU
Bar Council of Ukraine examined the legal status of members of bar self-government bodies and found that they are not required to submit declarations of persons authorized to perform functions of state or local self-government.
Self-government
BCU has identified 12 areas for implementing the Roadmap for advocacy
During its meeting on December 12, the Bar Council of Ukraine considered the Roadmap on the Rule of Law, approved by Order of the Cabinet of Ministers of Ukraine No. 475-r dated May 14, 2025. The document provides for the development and adoption of a draft law on improving the legal regulation of advocacy by the fourth quarter of 2026.
Guarantees of the practice of law
The Ombudsman acknowledged the problem of violation of the human right to legal aid in the TCC
The Verkhovna Rada Commissioner for human rights Dmytro Lubinets confirmed the existence of a problem with ensuring the constitutional right to professional legal assistance in territorial recruitment and social support centers.
Guarantees of the practice of law
The agreement on the provision of legal assistance is not public – BCU
Bar Council of Ukraine in its decision No. 111 dated October 18, 2025, responded to questions regarding the possibility of concluding legal assistance agreements by accepting a public offer, using an electronic form of the agreement, and posting information about legal assistance on websites.
Discussion
Why preventive measures have turned into preventive punishment in Ukraine: round table discussion
The European approach, enshrined in the CPC, provides for detention as an exceptional preventive measure: courts must prove the impossibility of milder alternatives and carefully assess the risks. In practice, however, it is increasingly being applied almost automatically, eroding standards of freedom.
Guarantees of the practice of law
The UNBA presented a report on violations of advocates' rights in the TCC
The Committee for the protection of advocate's rights and guarantees of legal practice of the UNBA has prepared a consolidated report on violations of advocate's professional rights and guarantees of legal practice by territorial recruitment and social support centers for the period from 2022 to the first half of 2025.
Publications
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
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