Lawyers who went to military service are called to eliminate incompatibility
Since military service is incompatible with the practice of law, military units began to warn servicemen who failed to comply with the law on incompatibility about the initiation of disciplinary measures against them.
Taking into account the relevant separate order of the Commander-in-Chief of the Armed Forces of Ukraine, the Bar Council of Ukraine invalidated its decision of 03.03.2022 No. 24 «On Peculiarities of Military or Alternative (Non-military) Service by Advocates during the Period of Martial Law».
At the beginning of the full-scale invasion, many lawyers took up arms to defend the country, joining the ranks of the Armed Forces and territorial defense. At that time, they were objectively unable to comply with the requirement of the Law «On the Bar and Practice of Law» to eliminate incompatibility and submit an application to the Bar Council of the region at the address of their workplace to suspend their practice of law. That is why in the spring of 2022, the BCU decided not to consider military service by lawyers during martial law a violation of the incompatibility requirement and not to use this ground for disciplinary action. However, some perceived Decision No. 24 as a permission to combine military service with the practice of law and a loophole for additional income
At the same time, 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 an advocate to provide defense, representation and other types of legal assistance to a client. After all, according to the Statute of the Internal Service of the Armed Forces of Ukraine, one of the main principles is sole authority and strict subordination, and 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. This implies freedom from any external influence, pressure or interference in the provision of professional legal aid, defense or representation of a client (read more about this here).
Thus, as of today, lawyers who are performing military service but have not filed an application for suspension of their practice of law to the bar council of the region at the address of their workplace must do so and eliminate the circumstances of incompatibility.
If any entities impede the fulfillment of this obligation, which follows from Article 7 of the Law «On the Bar and Practice of Law», the BCU asks its colleagues to contact the Ukrainian National Bar Association for response measures.
Popular news
Rule of Law Roadmap
Lidiya Izovitova: reform of the advocacy profession should make the profession stronger and individuals better protected
The Ukrainian advocacy community is finalizing work on a new version of the relevant law. The roadmap on the rule of law has set the fourth quarter of 2026 as the deadline for achieving results in this area. The draft is intended to ensure safeguards for the practice of law through mechanisms of accountability for violations.
Support
In Edinburgh expressed gratitude to those who are helping Ukrainian advocates and citizens
Since the start of the full-scale invasion, Scottish legal institutions and the Ukrainian community, with the participation of the UNBA, have been helping Ukrainian advocates obtain their qualifications and Ukrainians receive legal assistance. The parties are now planning joint professional and educational events.
Educational events
An advocate's meeting with a client outside the office: how to conduct it without giving away too much
If a client suggests meeting in a public place, keep in mind that any name or amount mentioned aloud could be overheard by bystanders. Therefore, it’s important to plan ahead regarding the table, seating arrangements, and the scope of the conversation.
Legislation
The UNBA explained what could undermine the plan to introduce plea agreements
Information regarding who pays whom, how much, and on what grounds under a plea agreement must be made public. However, as long as this information is classified as a state secret or personal data, the court will continue to be able to close proceedings and restrict access to judgments.
Interaction
The UNBA and the German Institute for Eastern Law will prepare joint legal opinions
Ukrainian advocates and German legal scholars will jointly prepare comparative legal studies, expert opinions, and professional events. The UNBA reached this agreement with the Institute for Eastern European Law in Regensburg, which has been researching the laws of Central and Eastern European countries for nearly 70 years.
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.
Educational events
A one-time payment or royalties? Students were briefed on changes to copyright agreements
As a general rule, property rights to a work created by an employee are transferred to the employer, but the author retains the right to remuneration. European law requires that this remuneration be based on the actual income generated by the work, rather than being limited to a one-time payment.
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.
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