Regarding the NACP's Pressure on the Constitutional Court of Ukraine: Statement of the Bar Council of Ukraine

Advocacy
12:47 Wed 12.06.24 641 Reviews
Print

On June 11, the National Agency for the Prevention of Corruption published a news item on its website entitled «Should members of the Qualification and Disciplinary Commissions of the Bar Declare: Whose Side Will the CCU Take?», in which it called on the public, journalists and international partners to closely monitor the consideration by the Constitutional Court of Ukraine of the complaint filed by Oksana Bukhtoyarova, a member of the Disciplinary Chamber of the Qualification and Disciplinary Commission of the Bar of the Zakarpattia Region, regarding the constitutionality of certain provisions of the Law of Ukraine «On Prevention of Corruption». The CCU hearing on this case is scheduled to take place at 10 a.m. on June 12, 2024.

Along with presenting the agency's position on the impossibility of satisfying the constitutional complaint, Deputy Head of the NACP Yaroslav Lyubchenko stated that members of the High Qualification and Disciplinary Commission and members of the disciplinary chambers of the QDCB, who decide on the disciplinary responsibility of current lawyers, must submit declarations. He stated that there are very high corruption risks in this area, and the positions of the commission members have a high level of influence and, at the same time, discretion without clear criteria for its application.

The Ukrainian National Bar Association has repeatedly expressed its position on the issue raised in the constitutional complaint of O. Bukhtoyarova in forms that respect both the status of the Constitutional Court and the principles of constitutional justice.

Taking into account the provisions of the Constitution of Ukraine and the Law of Ukraine «On the Constitutional Court of Ukraine», the Bar Council of Ukraine:

  • assesses the public statements of the NACP leadership, as well as the fact of placing the publication immediately before the session of the Constitutional Court of Ukraine, as a manifestation of direct pressure on the judges of the only body of constitutional jurisdiction;
  • draws attention to the fact that a judge of the Constitutional Court exercises his/her powers exclusively under the Constitution of Ukraine and the Law of Ukraine «On the Constitutional Court of Ukraine», based on the rule of law. Influencing a judge of the Constitutional Court in any way is prohibited (Article 24 of the Law of Ukraine «On the Constitutional Court of Ukraine»);
  • notes that the Constitutional Court a priori cannot «take sides», as the NACP formulates the issue in its statement of June 11. After all, the Constitutional Court is not a court of facts, but a court of law! The body of constitutional jurisdiction decides on the compliance of the laws of Ukraine with the Constitution of Ukraine and provides official interpretation of the Constitution of Ukraine. Putting the question in the format of «whose side will the CCU take» may indicate a high level of legal nihilism in the approaches to the NACP's activities, which denies the social value of law - the basis of the Constitutional Court's activities;
  • reminds us that a constitutional complaint is the newest guarantee of protection of citizens' rights. And the accusatory bias demonstrated in the NAPC's publication shows a lack of understanding of the European legal culture at a time when Ukraine is at the beginning of negotiations on accession to the EU, where the rule of law is a key value.
  • expresses its belief that the Constitutional Court, despite the fact of pressure, adheres to the requirements of Article 147 of the Basic Law of Ukraine, according to which the activities of the Constitutional Court should be based on the principles of the rule of law, independence, collegiality, transparency, validity and binding nature of its decisions and conclusions.

Popular news

Inheritance of a share in joint property and more: advocates have made comments

Legislation

Inheritance of a share in joint property and more: advocates have made comments

In the event of the death of one of the subjects of joint shared ownership, the shares of each of the co-owners in the joint shared ownership shall be deemed equal, unless otherwise agreed between them, by law, or by a court decision.

12:58 Fri 16.01.26 125
UNBA initiatives to implement the Roadmap were supported by international experts

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.

14:34 Wed 07.01.26 216
How will the group responsible for implementing the Roadmap for advocacy operate?

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».

15:35 Tue 06.01.26 196
Advocacy is a responsible entity, not a critic of reform — V. Gvozdiy

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.

19:31 Fri 02.01.26 174
Vatras on the implementation of the Roadmap: only advocates should create their own destiny

Legislation

Vatras on the implementation of the Roadmap: only advocates should create their own destiny

Work on implementing the Roadmap in relation to advocacy should be based on the participation of the professional community itself, and key tasks should be structured in such a way as to avoid mixing processes that differ in content and procedure.

19:13 Fri 02.01.26 162
Lidiya Izovitova outlined the approach to implementing the Roadmap for advocacy

Legislation

Lidiya Izovitova outlined the approach to implementing the Roadmap for advocacy

The general approach to working on the implementation of the Roadmap on the Rule of Law in terms of reforming advocacy should not be based on «slogans», but rather on gathering facts, comparing them with standards, consulting with the professional community, and formulating norms for which participants are prepared to take responsibility.

18:41 Fri 02.01.26 148
Roadmap and advocacy: working group holds first meeting

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.

18:24 Fri 02.01.26 161
BCU: NACP initiatives regarding the Bar are unconstitutional interference

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.

14:21 Wed 31.12.25 250

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

Оберіть файл