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

Advocacy
12:47 Wed 12.06.24 707 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

Advocates have warned that the draft Labor Code would curtail workers' protections

Legislation

Advocates have warned that the draft Labor Code would curtail workers' protections

Certain provisions of the draft Labor Code of Ukraine regarding collective labor disputes undermine labor protections and do not comply with constitutional and international standards.

11:47 Thu 09.04.26 166
The right of minors to marry: how judicial oversight works

Educational events

The right of minors to marry: how judicial oversight works

The issue of granting minors the right to marry lies at the intersection of family law, child protection, and judicial discretion. The UNBA Committee on family law dedicated a webinar held on March 30 to this very topic.

11:28 Tue 07.04.26 136
The UNBA and the Coordination headquarters have agreed to cooperate in assisting those released from captivity

Interaction

The UNBA and the Coordination headquarters have agreed to cooperate in assisting those released from captivity

Servicemen released from captivity, family members of prisoners of war, civilians deprived of their personal liberty as a result of armed aggression, as well as persons missing in connection with the war, will gain additional opportunities to access legal assistance and protect their rights.

19:14 Mon 06.04.26 110
BCU: The HCJ’s decisions undermine the constitutional guarantees of the independence of the advocacy profession

Self-government

BCU: The HCJ’s decisions undermine the constitutional guarantees of the independence of the advocacy profession

The Bar Council of Ukraine has concluded that, in its recent decisions, the High Council of Justice has, without legal grounds, called into question the right of bar self-governing bodies to protect the guarantees of legal practice and has, in effect, attempted to grant one of its members — who retains the status of an advocate — special immunity from the Rules of professional conduct and disciplinary responsibility.

14:56 Thu 02.04.26 140
The Bar Council of Ukraine begins its meeting

Announcements

The Bar Council of Ukraine begins its meeting

Today, April 2, a meeting of the Bar Council of Ukraine is taking place in Kyiv. On the agenda are issues related to the activities of bar self-governing bodies, consideration of a decision by the High Council of Justice, a number of appeals, as well as a discussion of the current state and pressing issues regarding the functioning of the legal aid system.

12:48 Thu 02.04.26 111
The UNBA and the National Guard have agreed to cooperate on legal protection for military personnel

Interaction

The UNBA and the National Guard have agreed to cooperate on legal protection for military personnel

Servicemembers of the National Guard, their family members, and veterans are to receive additional legal tools to protect their rights, while the National Guard’s legal services will receive methodological and expert support.

12:49 Mon 30.03.26 127
Protecting the rights of service members: The UNBA and the Military Ombudsman have agreed on cooperation

Interaction

Protecting the rights of service members: The UNBA and the Military Ombudsman have agreed on cooperation

Servicemembers, reservists, conscripts during training exercises, members of local community volunteer units, and other individuals covered by the Law «On the Military Ombudsman» should have better access to professional legal assistance.

9:59 Fri 27.03.26 203
Access to the profession: the subgroup focused on internships and practical training

Rule of Law Roadmap

Access to the profession: the subgroup focused on internships and practical training

The Ukrainian National Bar Association hosted a regular meeting of the subgroup «Access to the profession and training of advocates. Organizational forms of legal practice» of the Working Group on the Implementation of the Rule of Law Roadmap regarding the reform of advocacy.

16:45 Tue 24.03.26 102

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

Оберіть файл