The Constitutional Court finds itself in a stalemate in the case of lawyer's declaration

Advocacy
19:32 Wed 14.02.24 154 Reviews
Print

The Second Senate of the Constitutional Court, which was supposed to consider the case on the constitutional complaint of Oksana Bukhtoyarova regarding the constitutionality of submitting declarations by representatives of the disciplinary bodies of the bar, turned out to be incompetent.

The peculiarities of the proceedings in this case were reported by the press service of the Constitutional Court.

Today, on February 14, the Second Senate began oral proceedings in the case concerning the constitutionality of the fifteenth paragraph of the first part of Article 1, subparagraph «c» of paragraph 2 of part one of Article 3, part one of Article 45, part one of Article 51-1 of the Law of Ukraine «On Prevention of Corruption», paragraph 1 of part one of Article 238 of the Code of Administrative Procedure of Ukraine.

As a reminder, we are talking about the provisions of the law, which the National Agency for the Prevention of Corruption interprets in an expanded way so that lawyers whose activities are not a priori related to the performance of state or local government functions are subject to declaration. The applicant in the case (a member of the Disciplinary Chamber of the Qualification and Disciplinary Commission of the Bar of Zakarpattia Oblast) received a notice from the NACP of the fact of failure to submit a declaration for 2020 as a person authorized to perform state and local government functions and of her obligation to submit such a declaration in accordance with the Law on Prevention of Corruption.

During today's plenary session, Maksym Dyrdin, the permanent representative of the Verkhovna Rada to the Constitutional Court, recused Serhiy Holovatyi, Second Senate Judge.

According to part 1 of Article 36 of the Law «On the Constitutional Court of Ukraine», the Senate should consist of nine judges. But the Second Senate is currently operating with only six judges, which is critical for its authority.

According to the law, a meeting at which the issue of recusal of a judge is to be considered is valid if at least six judges from the Senate are present. The decision to disqualify a judge is made in the Senate without the participation of the judge in question. In view of this, the Second Senate was not authorized to consider the issue of recusal, and therefore the Chairman of the meeting announced a break.

The CC reported that in addition to the above-mentioned persons, the plenary session was also attended by the President's representative in the CC Serhii Dembovskyi, UNBA representative Maryna Stavniychuk, acting head of the NACP Yaroslav Lyubchenko and other citizens.

The open part of the plenary session can be viewed here.

Popular news

Proceedings opened following attack on advocate in Dnipro

Guarantees of the practice of law

Proceedings opened following attack on advocate in Dnipro

The Committee for the protection of advocates' rights and guarantees of legal practice of the UNBA appealed to law enforcement agencies in connection with an advocate's report of an attack while performing his professional duties. The information was entered into the Unified Register of Pre-trial Investigations and a pre-trial investigation was initiated.

15:53 Wed 04.02.26 105
UNBA office opens in EU capital

Abroad

UNBA office opens in EU capital

To strengthen the institutional presence of the Ukrainian advocacy community at the European level, an office of the Ukrainian National Bar Association has been opened in Brussels (Belgium), which will serve as a permanent platform for dialogue with European partners.

18:21 Thu 29.01.26 120
Identifying an advocate with a client is a blow to justice, — V. Gvozdiy

Guarantees of the practice of law

Identifying an advocate with a client is a blow to justice, — V. Gvozdiy

By defending individuals in criminal proceedings, advocates are in fact fighting for every person's right to a fair trial. Therefore, any identification of an advocate with their client is a blow not only to the profession, but also to justice itself.

13:10 Mon 19.01.26 104
Impunity for public stigmatization of advocates violates the constitutional right to defense

Guarantees of the practice of law

Impunity for public stigmatization of advocates violates the constitutional right to defense

The prohibition of identifying an advocate with a client is an international standard enshrined in the Law «On advocacy and legal practice». However, without accountability, this guarantee does not work, which poses a direct threat to the realization of the right to defense and the principle of adversarial proceedings.

13:11 Fri 16.01.26 115
Inheritance of a share in joint property and more: advocates have made comments

Legislation

Inheritance of a share in joint property and more: advocates have made comments

In the event of the death of one of the subjects of joint shared ownership, the shares of each of the co-owners in the joint shared ownership shall be deemed equal, unless otherwise agreed between them, by law, or by a court decision.

12:58 Fri 16.01.26 165
Implementation of the Roadmap: the composition of the working group ensures a high level of expertise

Legislation

Implementation of the Roadmap: the composition of the working group ensures a high level of expertise

The composition of the Working Group on the implementation of the Roadmap on the rule of law in relation to advocacy demonstrates the high institutional level of the experts involved by the Ukrainian National Bar Association in the formation of a package of decisions.

12:17 Fri 09.01.26 121
UNBA initiatives to implement the Roadmap were supported by international experts

Legislation

UNBA initiatives to implement the Roadmap were supported by international experts

International experts who participated in the inaugural meeting of the Working Group on the implementation of the Roadmap on the rule of law in advocacy and agreed to join it expressed their support for the initiative of the Ukrainian National Bar Association.

14:34 Wed 07.01.26 232
How will the group responsible for implementing the Roadmap for advocacy operate?

Legislation

How will the group responsible for implementing the Roadmap for advocacy operate?

The working group on the implementation of the Roadmap on the rule of law in the area of advocacy will operate at several levels: plenary meetings as a platform for adopting framework decisions, a coordination bureau for compiling documents and calendar control, and thematic subgroups for preparing norms and their justification. International experts will verify the results against European standards and «red lines».

15:35 Tue 06.01.26 215

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

Оберіть файл