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
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
A translation of the report on advocacy presented to the European Parliament has been published
A translation of a research report on the Ukrainian advocacy profession in wartime, previously presented to the European Parliament in Brussels, has been published. The document is presented as a basis for discussion on the rule of law, Ukraine's European integration aspirations, and countering Russian disinformation in the legal sphere.
Legal defence of military personnel
How to formalize discharge from military service: practical workshop
The issue of discharge from military service remains one of the most pressing and complex for Ukrainian defenders and their families. Due to constant changes in legislation, military personnel often face refusals to discharge them from service or even to consider their reports.
Legislation
The Verkhovna Rada Committee criticized the format of the government working group on advocacy
The implementation of the Roadmap on the rule of law (approved by Cabinet of Ministers Resolution No. 475-r of May 14, 2025) in relation to advocacy raises the practical question of who exactly should prepare legislative changes and how.
Self-government
The BCU demands a review of the composition of the government working group on reforming the advocacy profession
The President of the UNBA, BCU Lidiya Izovitova, appealed to the Cabinet of Ministers of Ukraine to review the composition of the working group on improving legislation in the field of advocacy and legal practice.
Guarantees of the practice of law
The President has determined, who will sign the Convention for the Protection of the Profession of Lawyer
President of Ukraine Volodymyr Zelenskyy authorized Ukraine's Permanent Representative to the Council of Europe Mykola Tochytskyi to sign the Council of Europe Convention for the Protection of the Profession of Lawyer.
Legislation
After the war amnesty for criminals or exemption from responsibility?
To ensure national reconciliation, rehabilitation of persons who have been persecuted for political reasons, restoration of justice, and establishment of lasting peace, it is proposed to introduce an amnesty after the war.
Discussion
Why lowering the age of marriage lacks legal logic
Although until 2012 there was a provision in family law that allowed children to marry from the age of 14 under certain circumstances, its return to Ukrainian law would contradict international obligations and the logic of criminal law.
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