Regarding the NACP's Pressure on the Constitutional Court of Ukraine: Statement of the Bar Council of Ukraine
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
Guarantees of the practice of law
Ombudsman calls for a firm response to violence against advocates
Every instance of obstruction of an advocate’s lawful activities, use of physical force, delaying an investigation, or concealment of evidence must be subject to a proper legal assessment. The state is obligated to ensure that the right to a defense is a genuine guarantee.
Greetings
The UNBA congratulates Denis Maslov on his appointment as Minister of Justice
Denis Maslov’s many years of experience as a advocate, his work as a judge and his tenure as chairman of the Verkhovna Rada of Ukraine’s Committee on legal policy have given him a deep understanding of how the legal system functions and the challenges it faces.
Legislation
The Verkhovna Rada explained why the section on advocacy should be removed from the anti-corruption strategy
The section on advocacy and legal aid in the draft anti-corruption strategy for 2026–2030 goes beyond the scope of anti-corruption policy and is inconsistent with the constitutional guarantees of the independence of the legal profession.
Guarantees of the practice of law
The NACP’s clarification regarding the declaration of membership in the UNBA should be clarified – BCU
An advocate’s membership in the UNBA is an element of professional status arising by virtue of law, rather than a voluntary private membership in an association. Therefore, failure to disclose it in a declaration should not automatically lead to the conclusion of unethical conduct or the concealment of a private interest.
Discussion
The history of Ukrainian constitutionalism was discussed during a lecture
To mark Ukraine’s Constitution Day, the Center for research on the legal profession and law of the UNBA in collaboration with the «Bykivnia Graves» National Historical and Memorial Reserve organized an online lecture on the history of the Ukrainian constitutional process.
Legislation
The UNBA is counting on the swift ratification of the Convention on the Protection of the Professions of Lawyer
The ratification of the Council of Europe Convention on the Protection of the Professions of Lawyer must be accompanied by targeted amendments to legislation to strengthen safeguards for advocates, but should not be used as a pretext for dismantling the self-governing model of advocacy.
Legal defence of military personnel
Advocates are expanding their legal support for the military and affected businesses
Legal assistance for military personnel should begin with simple and quick consultations, but it should not end there. Typical requests from brigades are compiled into summaries, digital services and proposals to government agencies.
Interaction
A manifesto on AI in law was presented in Europe. The UNBA has joined the initiative
On June 24, as part of European Legal Sovereignty Day, which took place in Brussels, the Manifesto for a Referential of Human Guarantee in the Legal Use of AI was presented.
Publications
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
Sergiy Vylkov Our judicial system is so built that courts do not trust advocates