Draft law 10449: UNBA submits amendments to the lawyers' booking

Advocacy
16:12 Thu 08.02.24 1175 Reviews
Print

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

Protecting the legal profession, cybersecurity and support for advocates: common themes for the IBA and the UNBA

Support

Protecting the legal profession, cybersecurity and support for advocates: common themes for the IBA and the UNBA

On September 18, a working meeting was held at the office of the Ukrainian National Bar Association with Executive Director of the International Bar Association (IBA) Mark Ellis. The parties discussed the Ukrainian advocacy profession’s participation in European legal processes, the protection of the UNBA’s digital infrastructure, psychological support for advocates and future areas of cooperation.

19:46 Fri 18.09.26 137
Tax residency of Ukrainians abroad: what matters

Educational events

Tax residency of Ukrainians abroad: what matters

The determination of tax residency for Ukrainians who have been living abroad for an extended period depends on the combination of their personal and economic ties to each country. The established status determines the procedure for reporting income, paying taxes and fulfilling CFC reporting obligations.

18:19 Thu 17.09.26 116
Are Europe's advocacy associations prepared for a potential war? V. Gvozdiy shared lessons from the Ukrainian experience

War

Are Europe's advocacy associations prepared for a potential war? V. Gvozdiy shared lessons from the Ukrainian experience

The continuity of the bar’s self-governance, the protection of professional registries and archives, as well as equal guarantees of employment for advocates, judges, and prosecutors must be enshrined in advance in legislation in the event of war or another emergency.

9:42 Mon 14.09.26 178
Payments to military personnel require clear and uniform criteria — UNBA Committee

Legal defence of military personnel

Payments to military personnel require clear and uniform criteria — UNBA Committee

The vagueness of terms in subordinate regulatory acts leads to differing interpretations of the grounds for paying additional compensation to military personnel. The UNBA has proposed harmonizing these acts and establishing transparent criteria for the allocation of funds.

16:45 Wed 09.09.26 116
Former CCBE President James MacGuill has passed away

Tragic news

Former CCBE President James MacGuill has passed away

The Ukrainian National Bar Association expresses its condolences on the passing of James MacGuill — a renowned Irish advocate and former president of the Law Society of Ireland and the Council of Bars and Law Societies of Europe (CCBE).

10:27 Mon 07.09.26 125
From the condition of the railcar to the cause of the accident: how railroad accident investigations work

Discussion

From the condition of the railcar to the cause of the accident: how railroad accident investigations work

Railway and transportation expertise makes it possible to assess the technical condition of rolling stock and tracks, determine the technical cause and mechanism of an incident, assess whether employees’ actions complied with regulatory requirements, and ascertain whether, from a technical standpoint, a derailment, collision, impact, or other incident could have been prevented.

10:02 Fri 04.09.26 106
The Convention on the Protection of the Professions of Lawyer will receive significantly more than 226 votes – M. Stefanchuk

Legislation

The Convention on the Protection of the Professions of Lawyer will receive significantly more than 226 votes – M.…

Once the technical preparations are complete, the ratification of the Council of Europe Convention on the Protection of the Profession of Advocate will receive broad support in the Verkhovna Rada. Significantly more than the minimum required 226 members of parliament may vote in favor of the international treaty.

17:53 Thu 03.09.26 104
Young – therefore inexperienced: how female advocates should respond to stereotypical accusations

Educational events

Young – therefore inexperienced: how female advocates should respond to stereotypical accusations

Comments regarding age, gender, or appearance made in court can distract a lawyer from defending their client’s interests. Therefore, before responding, it is important to assess the relevance of the remark to the case, determine the limits of what is permissible and decide on the next course of action.

10:29 Thu 03.09.26 106

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

Оберіть файл