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.
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