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
Proceedings against military personnel following AWOL require clear deadlines — UNBA
A soldier’s return to duty after AWOL does not necessarily mean the end of criminal proceedings. To ensure that the case does not remain at the pretrial investigation stage, a clear procedure for the investigator and prosecutor is required.
Legislation
The UNBA warned of the risk of customs barriers for Ukrainian paper and furniture
Ukraine’s anti-deforestation rules are intended to preserve export access to the EU market. However, without paper and furniture on the list of goods, without effective sanctions, and with enforcement beginning only in 2030, these rules could hinder that goal.
Legislation
Fines for loud exhaust — based on a standardized measurement method — UNBA
Measures to combat intentionally loud exhaust noises are justified, especially during wartime. However, as long as the law does not specify which noise standard to apply or how to measure it on the road, this new liability can be neither fair nor effective.
Guarantees of the practice of law
Guarantees for advocacy without protective measures: proposed changes to the codes
The current law sets forth the rights and guarantees of the legal profession, but lacks the tools to protect them. The future law on advocacy is intended to fill this gap through amendments to criminal, administrative and procedural legislation.
Abroad
Living abroad doesn't sever your ties with Ukraine: what you should check
Moving to another country and even long-term residence abroad does not automatically sever an individual’s legal ties to Ukraine. Tax residency, sole proprietorship status, foreign income, enforcement proceedings, and military registration remain relevant even after relocation.
Legislation
Exceptions to the state prosecutor's representation in court must be consistent with the CCU's decision
To prevent the provisions of Article 23 of the Law «On the prosecutor’s office» from being declared unconstitutional again, the proposed amendments contained in the government’s draft law should be clarified.
Educational events
How can an advocate defend a client whose data is processed by the Interpol system?
The absence of a last name on the Interpol website does not necessarily mean that no one is looking for that person. How can you find out exactly what information police databases in 196 countries hold about a client, and does the removal of a record mean that the problems are behind you?
Legislation
A bill implementing the Convention on the Protection of the Professions of Lawyer has been introduced
The constitutional guarantees of legal aid, defense, and the independence of advocacy cannot be realized without protecting advocates from unwarranted interference in their professional activities, including searches, the seizure of professional materials and the use of criminal procedural mechanisms to exert pressure.
Publications
Vasyl Kolishnyi, «Law and Business» Supporting mental health should become part of the professional culture of the Bar, - H. Udovenko
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
