Chief Justice orders to eliminate incompatibility of lawyer's status with military service – media

Advocacy
17:23 Fri 24.05.24 279 Reviews
Print

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

The UNBA congratulates Denis Maslov on his appointment as Minister of Justice

Greetings

The UNBA congratulates Denis Maslov on his appointment as Minister of Justice

Denis Maslov’s many years of experience as a advocate, his work as a judge and his tenure as chairman of the Verkhovna Rada of Ukraine’s Committee on legal policy have given him a deep understanding of how the legal system functions and the challenges it faces.

19:43 Thu 16.07.26 111
The Verkhovna Rada explained why the section on advocacy should be removed from the anti-corruption strategy

Legislation

The Verkhovna Rada explained why the section on advocacy should be removed from the anti-corruption strategy

The section on advocacy and legal aid in the draft anti-corruption strategy for 2026–2030 goes beyond the scope of anti-corruption policy and is inconsistent with the constitutional guarantees of the independence of the legal profession.

14:26 Thu 09.07.26 111
The NACP’s clarification regarding the declaration of membership in the UNBA should be clarified – BCU

Guarantees of the practice of law

The NACP’s clarification regarding the declaration of membership in the UNBA should be clarified – BCU

An advocate’s membership in the UNBA is an element of professional status arising by virtue of law, rather than a voluntary private membership in an association. Therefore, failure to disclose it in a declaration should not automatically lead to the conclusion of unethical conduct or the concealment of a private interest.

12:28 Fri 03.07.26 164
The history of Ukrainian constitutionalism was discussed during a lecture

Discussion

The history of Ukrainian constitutionalism was discussed during a lecture

To mark Ukraine’s Constitution Day, the Center for research on the legal profession and law of the UNBA in collaboration with the «Bykivnia Graves» National Historical and Memorial Reserve organized an online lecture on the history of the Ukrainian constitutional process.

10:27 Wed 01.07.26 107
The UNBA is counting on the swift ratification of the Convention on the Protection of the Professions of Lawyer

Legislation

The UNBA is counting on the swift ratification of the Convention on the Protection of the Professions of Lawyer

The ratification of the Council of Europe Convention on the Protection of the Professions of Lawyer must be accompanied by targeted amendments to legislation to strengthen safeguards for advocates, but should not be used as a pretext for dismantling the self-governing model of advocacy.

15:54 Tue 30.06.26 183
A manifesto on AI in law was presented in Europe. The UNBA has joined the initiative

Interaction

A manifesto on AI in law was presented in Europe. The UNBA has joined the initiative

On June 24, as part of European Legal Sovereignty Day, which took place in Brussels, the Manifesto for a Referential of Human Guarantee in the Legal Use of AI was presented.

16:59 Fri 26.06.26 252
Martial law has changed administrative disputes – findings from IUS PUBLICUM 2026

Court practice

Martial law has changed administrative disputes – findings from IUS PUBLICUM 2026

During martial law, the focus of administrative proceedings shifted: in addition to tax disputes, cases involving access to public information, personal data protection, and challenges to regulatory acts, the docket now includes mobilization issues, challenges to decisions by the TCC and the Special Purpose Commission, disputes regarding deferrals, military service, sanctions, and new administrative restrictions.

12:03 Mon 22.06.26 120
Lidiya Izovitova identified 7 challenges in administrative proceedings for advocates

Court practice

Lidiya Izovitova identified 7 challenges in administrative proceedings for advocates

The predictability of judicial practice, jurisdictional disputes, cassation filters, enforcement of judgments against the state, the burden of proof, written proceedings, and guarantees for the practice of law remain key issues in administrative justice for advocates.

18:22 Fri 19.06.26 239

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

Оберіть файл