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

Advocacy
16:12 Thu 08.02.24 651 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

Shoulder straps do not fit the robe: Lidiya Izovitova analyzes models of military courts restoration

Advocacy

Shoulder straps do not fit the robe: Lidiya Izovitova analyzes models of military courts restoration

The Verkhovna Rada Committee on Legal Policy held a working meeting to discuss draft laws that provide for the establishment and operation of military courts in Ukraine on a permanent basis. The Institute of Advocacy presented its reservations regarding this initiative.

15:39 Thu 01.05.25 133
UNBA Committee for the protection of advocates' rights responds to accusations regarding the case of «hacker lawyers»

Advocacy

UNBA Committee for the protection of advocates' rights responds to accusations regarding the case of «hacker lawyers»

Dzerkalo Tyzhnia's publications about «hacker lawyers» contain false information, distortions and manipulations that undermine the authority of the Bar. They are a form of unlawful pressure on the UNBA and may be an element of a paid-for campaign.

19:17 Wed 23.04.25 147
Problems of implementation of the Convention on the Protection of the Profession of Lawyer discussed in the Verkhovna Rada

Advocacy

Problems of implementation of the Convention on the Protection of the Profession of Lawyer discussed in the Verkhovna Rada

On April 16, the Verkhovna Rada Committee on Legal Policy held a joint working meeting to discuss the feasibility of implementing the provisions of the Council of Europe Convention on the Protection of the Profession of Lawyer and introducing the necessary amendments to the current legislation.

18:41 Wed 16.04.25 192
The BCU creates a working group to monitor violations of the rights of lawyers and will consider appealing to the Verkhovna Rada

Advocacy

The BCU creates a working group to monitor violations of the rights of lawyers and will consider appealing to the Verkhovna…

During an extraordinary meeting on April 16, 2025, the Bar Council of Ukraine decided to establish a working group to monitor and summarize the facts of violations of the rights of lawyers and guarantees of the practice of law over the past three years, including the situation with the detention of lawyer Olga Panchenko.

14:16 Wed 16.04.25 135
Temporary protection, work, study: what Ukrainians should know about France and UK

Advocacy

Temporary protection, work, study: what Ukrainians should know about France and UK

What is the procedure for obtaining temporary protection status in France and the UK? When can it be refused and is it possible to appeal such a decision? What are the options for legalization and change of status? What about employment, education and business opportunities?

18:36 Tue 01.04.25 270
«Military advocates» have nothing to do with advocacy – UNBA statement

Advocacy

«Military advocates» have nothing to do with advocacy – UNBA statement

The activities of the «military advocates» who forcefully «repel» mobilized persons liable for military service in the TCC have nothing to do with legal practice based on the principles of the rule of law and legality.

17:32 Fri 28.03.25 285
Commentary to the Council of Europe Convention on the protection of the profession of lawyer translated into Ukrainian

Advocacy

Commentary to the Council of Europe Convention on the protection of the profession of lawyer translated into Ukrainian

Along with the Convention on the Protection of the Profession of Lawyer, the Committee of Ministers of the Council of Europe also approved an explanatory report to it. This document is a kind of official commentary to be used by countries in the application of the international treaty.

15:37 Mon 24.03.25 253
«The Convention will enhance the quality of human protection from criminal prosecution», - Valentyn Gvozdiy, the Vice President of the UNBA, BCU

Advocacy

«The Convention will enhance the quality of human protection from criminal prosecution», - Valentyn Gvozdiy, the Vic…

Recently, the Council of Europe adopted the Convention on the Protection of the Profession of Lawyer, an international treaty that guarantees the independence, security and self-governance of lawyers. The latter call it a key step towards strengthening the rule of law. But what does this mean in practice, why is the Convention of extraordinary value - these and other questions were answered by Valentyn Gvozdiy, the Vice President of the UNBA, BCU, to the host of Fakty ICTV.

11:41 Thu 20.03.25 272

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

Оберіть файл