Lawyers who went to military service are called to eliminate incompatibility

Advocacy
13:38 Mon 10.06.24 435 Reviews
Print

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

The UNBA presented the key provisions of the future law on advocacy in Brussels

Rule of Law Roadmap

The UNBA presented the key provisions of the future law on advocacy in Brussels

The Ukrainian National Bar Association presented its proposals for the upcoming law on advocacy, aligned with the Rule of Law Roadmap. The presentation covered topics such as access to the profession, self-governance, disciplinary procedures, professional development and guarantees for the practice of advocacy.

20:36 Thu 01.10.26 101
Independent oversight is necessary before using CISA materials against an advocate – Lidiya Izovitova

Guarantees of the practice of law

Independent oversight is necessary before using CISA materials against an advocate – Lidiya Izovitova

Before the prosecution uses information obtained during covert investigative actions and related to an advocate’s activities, independent procedural oversight must be conducted. It is necessary to determine whether such information is covered by attorney-client privilege and whether it may be disclosed.

15:47 Fri 25.09.26 142
Efforts to develop advocacy must be brought to fruition — A. Misyats

Self-government

Efforts to develop advocacy must be brought to fruition — A. Misyats

The Ukrainian advocacy profession is currently going through a critical phase. Amid the war, it must ensure the continuity of legal aid, defend the independence of the profession, and improve qualification and disciplinary procedures in accordance with European standards. The work that has been started must be brought to a practical conclusion.

20:32 Fri 18.09.26 133
Protecting the legal profession, cybersecurity and support for advocates: common themes for the IBA and the UNBA

Support

Protecting the legal profession, cybersecurity and support for advocates: common themes for the IBA and the UNBA

On September 18, a working meeting was held at the office of the Ukrainian National Bar Association with Executive Director of the International Bar Association (IBA) Mark Ellis. The parties discussed the Ukrainian advocacy profession’s participation in European legal processes, the protection of the UNBA’s digital infrastructure, psychological support for advocates and future areas of cooperation.

19:46 Fri 18.09.26 177
Tax residency of Ukrainians abroad: what matters

Educational events

Tax residency of Ukrainians abroad: what matters

The determination of tax residency for Ukrainians who have been living abroad for an extended period depends on the combination of their personal and economic ties to each country. The established status determines the procedure for reporting income, paying taxes and fulfilling CFC reporting obligations.

18:19 Thu 17.09.26 167
Are Europe's advocacy associations prepared for a potential war? V. Gvozdiy shared lessons from the Ukrainian experience

War

Are Europe's advocacy associations prepared for a potential war? V. Gvozdiy shared lessons from the Ukrainian experience

The continuity of the bar’s self-governance, the protection of professional registries and archives, as well as equal guarantees of employment for advocates, judges, and prosecutors must be enshrined in advance in legislation in the event of war or another emergency.

9:42 Mon 14.09.26 226
What should an advocate do after discovering a «bugging device»?

Discussion

What should an advocate do after discovering a «bugging device»?

From a professional standpoint, the discovery of a device that may be covertly collecting information raises a number of practical questions: how to document the find, whom to notify of the incident and how to prevent further disclosure of attorney-client privilege.

11:26 Thu 10.09.26 104
Payments to military personnel require clear and uniform criteria — UNBA Committee

Legal defence of military personnel

Payments to military personnel require clear and uniform criteria — UNBA Committee

The vagueness of terms in subordinate regulatory acts leads to differing interpretations of the grounds for paying additional compensation to military personnel. The UNBA has proposed harmonizing these acts and establishing transparent criteria for the allocation of funds.

16:45 Wed 09.09.26 142

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

Оберіть файл