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
Preparations for the ratification of the Convention on the Protection of the Professions of Lawyer are in the final stages
On June 9, the Verkhovna Rada Committee on legal policy held a working meeting to prepare for the ratification of the Council of Europe Convention on the Protection of the Professions of Lawyer. The Ministry of Justice and the Ukrainian National Bar Association agreed on approaches to draft laws regarding the ratification and implementation of the Convention. Participants have been given 10 days to prepare the draft laws that will be submitted for consideration.
Announcements
Internships at German law firms: IRZ is accepting applications from Ukrainians
In 2026, the German Foundation for International Legal Cooperation (IRZ) plans to organize a multilateral internship program for young advocates from partner countries. Participants will attend an introductory seminar in Bonn and complete internships at law firms in Germany.
Guarantees of the practice of law
Restrictions on the right to legal assistance in pretrial detention centers are unacceptable – statement by the BCU
The Bar Council of Ukraine has stated that it is unacceptable to restrict the right to professional legal assistance, the guarantees of legal practice, and the confidentiality of communications between advocates and clients in pretrial detention facilities operated by the State Criminal-Executive Service of Ukraine.
European integration
The UNBA presented the CCBE with an overview of legal reform and challenges
Reform of the legal profession, Ukraine’s European integration commitments, guarantees of the profession’s independence, and practices of bar self-governance in European countries — these issues were the subject of discussion at the Council of Bars and Law Societies of Europe (CCBE).
Rule of Law Roadmap
The UNBA is compiling the findings of the subgroups regarding the implementation of the Rule of Law Roadmap
Today, May 28, the Ukrainian National Bar Association hosted a meeting of the Coordination Bureau of the Working Group on the implementation of the Rule of Law Roadmap regarding the reform of the advocacy profession. Following a series of meetings by thematic subgroups, the work is now moving to the stage of consolidating proposals and preparing a coordinated package of recommendations.
Discussion
UNBA discussed removing barriers at border crossings for families with children with disabilities
Families of children with disabilities face additional requirements when traveling abroad, particularly regarding consular registration. What is happening and what changes are needed to remove these obstacles were discussed during the roundtable «Borders without barriers for families of children with disabilities».
Discussion
New rules, old problems: the UNBA discussed the work of the ETAIDF and MMC
The reform of medical-social assessment and military medical commissions has changed procedures but has not resolved practical issues. People face situations where documents are not issued, decisions are based on technicalities, assessments are delayed, and they struggle to demonstrate their actual health status in specific life situations.
Legislation
Reports from digital platforms should not disclose attorney-client privilege – UNBA
The introduction of automatic exchange of income information via digital platforms is linked to Ukraine’s fulfillment of its international obligations and the alignment of its legislation with EU rules. However, the new tax regime should not create a mechanism through which tax authorities would obtain data on clients’ communications with advocates.
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