It is suggested to book 25% of lawyers and representatives of other professional organizations
The lack of booking of lawyers, insolvency receivers, notaries, and private enforcement officers has a negative impact on all sectors of life support, especially the justice system and law enforcement agencies. It makes it difficult for the state to fulfill its functions, and it undermines the rule of law and legitimacy.
Guided by this, the working group (Valentyn Gvozdiy, Vice President of the UNBA, BCU, members of the BCU Oksana Kadenko and Hanna Lazarchuk) prepared:
- Draft Law «On Amendments to the Law of Ukraine «On Mobilization Preparation and Mobilization» on Reservation of Members of Non-Governmental Non-Profit (Non-Profit) Professional Organizations»;
- Draft Resolution of the Cabinet of Ministers of Ukraine «On Amendments to the Resolution of the Cabinet of Ministers of Ukraine No. 76 dated 27.01.2023 «Some Issues of Implementation of the Provisions of the Law of Ukraine «On Mobilization Preparation and Mobilization» on Reservation of Persons Liable for Military Service for the Period of Mobilization and for Wartime».
Thus, Article 25 of the Law, which defines the organization and procedure for reserving persons liable for military service, is proposed to be supplemented by members or persons belonging to non-governmental non-profit (non-profit) professional organizations established in accordance with the requirements of the law in order to ensure the implementation of the tasks of professional self-government. This includes the Ukrainian National Bar Association, the Notary Chamber of Ukraine, the National Association of Insolvency Receivers of Ukraine, and the Association of Private Enforcement Officers of Ukraine.
The criteria and procedure for booking members of non-governmental non-commercial (non-profit) professional organizations should be established by the Cabinet of Ministers of Ukraine.
In this regard, it is simultaneously proposed to supplement the Procedure for Reservation of Persons Liable for Military Service on the List of Persons Liable for Military Service during Martial Law with the provision that these non-governmental non-profit (non-profit) professional organizations are critical for the functioning of the economy and ensuring the vital activity of the population during a special period.
The specifics of the procedure for booking members of such organizations are subject to separate determination by the authorized bodies of non-governmental non-profit (non-profit) professional organizations established in accordance with the requirements of the law in order to ensure the implementation of the tasks of professional self-government, and should include the following provisions:
- criteria for including members of these organizations in the lists of persons liable for military service subject to reservation for the period of mobilization and wartime, compliance with which determines the performance of critical institutional functions;
- establishing the number of members liable for military service who are subject to reservation for the period of mobilization and wartime in the ratio of no more than 25% of the total number of members liable for military service in each of the above organizations;
- measures to control compliance by members of these organizations with the requirements of the legislation on mobilization.
The members of the Bar Council of Ukraine supported the content of the drafts and agreed that the reservation of members of non-governmental non-profit (non-profit) professional organizations is necessary to ensure the right of citizens, as well as enterprises, institutions, and organizations, to professional legal assistance, certification of rights and facts of legal significance, and enforcement of decisions. After all, representatives of these professions play a key role in protecting the rights and interests of individuals, and the lack of reservation can seriously affect access to justice, especially under martial law.
The UNBA will send the draft legal acts together with explanatory notes to the lawmakers and lawmaking initiatives in the Verkhovna Rada and the Cabinet of Ministers of Ukraine.
Popular news
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.
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».
Legislation
Advocacy is a responsible entity, not a critic of reform — V. Gvozdiy
The Roadmap on the Rule of Law is not a basis for restructuring the model of advocacy, but a framework for verifying and improving the already European-oriented system. At the same time, part of the work has already been done, so further progress should be made in the form of coordinated and practical decisions.
Legislation
Roadmap and advocacy: working group holds first meeting
On January 2, the first organizational meeting of the Working Group on the implementation of the Roadmap on the rule of law in the area of advocacy reform took place. The event was devoted to agreeing on the framework for further work and exchanging the initial positions of the participants.
Self-government
BCU: NACP initiatives regarding the Bar are unconstitutional interference
The Bar Council of Ukraine has condemned the initiatives to reform the Bar proposed by the National Agency on Corruption Prevention as direct, gross and systematic interference by the executive branch in the activities of an independent constitutional institution.
Self-government
UNBA program for implementation of the Roadmap on the rule of law published
In order to ensure the implementation of measures set out in the Roadmap on the Rule of Law, the Bar Council of Ukraine approved a program for its implementation in relation to the reform of advocacy.
Professional Conduct
The results of the CISA cannot be used in disciplinary proceedings against advocates – BCU
Materials obtained through covert investigative (search) activities involving interference in private communications cannot be transferred or used in disciplinary proceedings against advocates. This is because the Code of Criminal Procedure does not allow investigators or prosecutors to use such materials outside of criminal proceedings.
URAU
Access to advocate contacts in URAU has been restored
The Bar Council of Ukraine has opened up public access to data from the Unified Register of Advocates of Ukraine, which was closed at the start of the full-scale invasion in 2022. The decision was made at a meeting on December 12–13.
Publications
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
Iryna Vasylyk Advocacy in the proclamation of Independence of Ukraine
Oleksandr DULSKY When we cross the border of the Supreme Anti-Corruption Court, we get into another department of the National Anti-Corruption…
