Chief Justice orders to eliminate incompatibility of lawyer's status with military service – media
The lawyers who went on military service in the Armed Forces of Ukraine but did not stop practicing law will have to make amends in the near future. Either such «military lawyers» submit a corresponding application to the Bar Council, or their commanders initiate the issue of bringing them to disciplinary responsibility.
The Glavkom publication reports on the relevant separate order of the Commander-in-Chief of the Armed Forces of Ukraine dated 10.05.2024.
According to journalists, based on this order, commanders in military units began issuing orders to explain the provisions of Article 7 of the Law «On the Bar and Practice of Law» to military personnel who have the status of a lawyer.
This article contains requirements for incompatibility. In particular, military or alternative (non-military) service is considered incompatible with the advocate's activity. And in the event of incompatibility, the advocate is obliged to submit an application for suspension of the practice of law to the regional bar council at the address of his or her workplace within three days from the date of occurrence of such circumstances.
Also, the commanders of the units will warn the servicemen who fail to comply with this requirement that the military unit will initiate the issue of disciplinary action and other disciplinary measures before the relevant regional bar councils. It is proposed to report on the measures taken to implement the order in writing, providing copies of applications for suspension of the practice of law with evidence of their submission.
«The combination of professions leads to improper performance by a citizen of the duties of both a military officer to protect the sovereignty and independence of the state and a lawyer to defend, represent and provide other types of legal assistance to a client, - said Hanna Kolesnyk, the Chairman of the UNBA Committee on Human Rights Protection. - She draws attention to the fact that the specifics of the goals and objectives of the bar require maximum independence of the advocate in the exercise of his or her professional rights and duties. At the same time, according to the Statute of the Internal Service of the Armed Forces of Ukraine, one of the main principles is the sole authority and strict subordination».
At the beginning of the full-scale aggression, the Bar Council of Ukraine decided not to consider it a violation of the requirements for incompatibility of military or alternative (non-military) service by lawyers during martial law and not to apply such a ground for bringing a lawyer to disciplinary responsibility (Decision No. 24 of 03.03.2022).
«It is unlikely that anyone will question the idea that those lawyers who are really fighting at the front have no time to provide legal assistance to clients, - explains H. Kolesnyk. - But some lawyers took Decision No. 24 as a permission to combine military service with the practice of law. And those of them who are «sitting on their hands» in the rear somehow secretly found time to earn extra money. Moreover, they even allow themselves to come to court in military uniforms, considering such behavior quite normal. The Unified State Register of Court Decisions contains many decisions made with the participation of such military lawyers. And such lawyers openly violate the direct provision of the law, sometimes hiding their essentially illegal activities with patriotic slogans».
Due to the ambiguity of the perception of the content of this decision, it was later clarified (decision of 02.08.2022 No. 60) that the exemption from liability does not exempt lawyers from fulfilling the requirements for suspension of the practice of law due to incompatibility.
That is, if, due to urgent mobilization, the advocate did not have time to suspend his or her right to practice law (to submit a corresponding application) for obvious reasons, he or she should not be disciplined for this, but when the advocate-military man has the opportunity, he or she should submit an application for suspension of the practice of law.
It is also worth noting that the suspension of the right to practice law does not deprive a person of the status of an advocate. Such a person may freely return to the profession after the relevant circumstances disappear (for example, discharge from military service). To do so, they do not need to pass any competitions or take exams again. It is enough to inform the Bar Council of your decision.
As a general rule, the practice of law in conditions of incompatibility is not allowed. And according to clause 1 of part 2 of Article 34 of the Law «On the Bar and Practice of Law», violation of the requirements of incompatibility is a disciplinary offense of an advocate, and is, accordingly, the basis for bringing an advocate to justice.
Thus, performing military service and practicing law (drafting procedural documents, participating in court hearings, including via video conferencing) constitutes a disciplinary offense.
Read more about this in the article «Why there are no military lawyers».
Popular news
European integration
Lidiya Izovitova: In the context of European integration reforms, advocacy is a partner of the state, not a target of reform
The war has significantly altered the working conditions for advocates, while European integration has presented the profession with new institutional challenges. The ongoing negotiation process covers issues such as the rule of law, judicial independence, fundamental rights, justice, freedom and security.
Guarantees of the practice of law
The Verkhovna Rada discussed the next steps for ratifying the Convention on the Protection of the Professions of Lawyer
The Verkhovna Rada Committee on legal policy held a working meeting to prepare for the ratification of the Convention for the Protection of the Profession of Lawyer. The meeting was attended by members of parliament, representatives of the Office of the President, the Ministry of Justice, the Ministry of Foreign Affairs and the Ukrainian National Bar Association.
Guarantees of the practice of law
Valentin Gvozdiy: Ukraine’s ratification of the Convention for the Protection of the Profession of Lawyer – is a matter…
Exactly one year ago, on May 13, 2025, in Luxembourg, during the 134th session of the Committee of Ministers of the Council of Europe, the Convention for the Protection of the Profession of Lawyer was opened for signature. Today, the Verkhovna Rada Committee on legal policy held a working meeting to prepare for its ratification. Between these two dates lies a year, during which (on March 9) Ukraine became the 28th signatory state. We spoke about this new phase with the Vice President of the UNBA, BCU Valentin Gvozdiy, who was personally involved in the preparation of this international instrument.
Support
Mental health, archives and cybersecurity: The UNBA and the IBA reviewed the progress of joint projects
The Ukrainian National Bar Association and the International Bar Association (IBA) reviewed the progress of joint projects that are of practical importance in the context of the war: supporting the mental health of advocates, digitizing archives, and strengthening the cybersecurity of the legal infrastructure.
Rule of Law Roadmap
The UNBA is developing a model for reforming the legal profession
The reform of the advocacy profession is part of the negotiation process regarding Ukraine’s accession to the European Union, and the Rule of Law Roadmap explicitly identifies the Ukrainian National Bar Association as one of the key stakeholders in the process.
Legal defence of military personnel
Missing in action: advocates explain the procedure to the families of servicemembers
As part of the «Advocate+» pilot project, advocates continue to work with military personnel in the brigades, helping to resolve practical legal issues — ranging from social benefits and payments to undergoing medical examinations and processing paperwork.
Guarantees of the practice of law
Police to investigate the NACP's attempts to reform advocacy
The Office of the Prosecutor General has opened a criminal investigation into alleged abuse of power by employees of the National Agency for Corruption Prevention.
Interaction
Advocates and patent attorneys combine their expertise in the field of intellectual property
Joint legislative proposals, expert opinions on regulatory changes and professional discussions on key issues in the field of intellectual property will form the basis of cooperation between the Ukrainian National Bar Association and the National Association of Patent Attorneys of Ukraine.
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