Postwar Elections: Challenges of Organizing Discussed in Ostroh
The VII International Scientific and Practical Conference «Administrative Justice in Ukraine: Problems of Theory and Practice. Judicial Protection of Political and Civil Rights and Freedoms in the Pre-War, Wartime and Post-War Periods».
The event was attended by Alla Basalaeva, Chairman of the UNBA Committee on Electoral Law.
The conference, which took place on July 4-5, was organized on the occasion of the Days of Administrative Justice by the Cassation Administrative Court of the Supreme Court of Ukraine in cooperation with the Council of Europe projects «Support to the Judiciary in Ukraine in the Context of War and Post-War Period», «Strengthening Judicial and Non-Judicial Remedies for the Protection of the Rights of Victims of War in Ukraine», «Support to Democratic Post-War Elections in Ukraine», «Strengthening Social Protection in Ukraine», and the OSCE project «Support to the Supreme Court and Higher Courts in Implementing Judicial Reform and Ensuring Access to Justice» in «Ostroh Academy».
Judges, scholars, practicing lawyers, representatives of state authorities and local self-government, as well as representatives of foreign countries and international organizations discussed the issues of consideration by administrative courts of cases on protection of political and civil rights and freedoms under a special legal regime, the rights to freedom of association, peaceful public assembly; transitional justice in post-conflict states on protection and restriction of political and civil rights, prospects for the application of the adopted approaches by administrative courts in the post-conflict states.
Speaking at the session «Prerequisites and Challenges in Organizing and Conducting Elections in the Post-War Period», A. Basalaeva outlined the practice and problems of applying the mandate. In particular, she focused on the issues of early termination of powers of local council members at the initiative of the local organization of the party that nominated them and the relevant court practice.
The Chairman of the UNBA Committee noted that, taking into account the practical experience of applying the procedure for recalling local council deputies in connection with the initiative of the local party organization, two main problematic issues can be identified. They relate to the determination of the moment of termination of powers of a local council deputy in this case and the absence of a legislative mechanism for restoring the status of a deputy, as well as the grounds for further loss of status by another deputy in case of court reversal of the decision of the supreme governing body of the party to recall a deputy on the people's initiative. Of course, the latter issue cannot be resolved without amending the Code of Administrative Procedure so that judges apply the provisions on the possibility of extending jurisdiction to legal relations on the decision of the supreme governing body of the party to recall a local council member in the same way.
The materials of the event are available by the link.
Popular news
Rule of Law Roadmap
The UNBA is developing a model for reforming the legal profession
The reform of the advocacy profession is part of the negotiation process regarding Ukraine’s accession to the European Union, and the Rule of Law Roadmap explicitly identifies the Ukrainian National Bar Association as one of the key stakeholders in the process.
Guarantees of the practice of law
Police to investigate the NACP's attempts to reform advocacy
The Office of the Prosecutor General has opened a criminal investigation into alleged abuse of power by employees of the National Agency for Corruption Prevention.
Interaction
Advocates and patent attorneys combine their expertise in the field of intellectual property
Joint legislative proposals, expert opinions on regulatory changes and professional discussions on key issues in the field of intellectual property will form the basis of cooperation between the Ukrainian National Bar Association and the National Association of Patent Attorneys of Ukraine.
Interaction
The UNBA and the Council of Judges of Ukraine are expanding their professional dialogue
On April 24, a working meeting was held between the President of the UNBA, BCU Lidiya Izovitova and the Chairman of the Council of Judges of Ukraine Vitaliy Salikhov. Topics discussed included formats for cooperation between bar and judicial self-governing bodies, the development of joint ethical standards, and the formation of a Selection Committee for the recruitment of members of the High Council of Justice.
Legal defence of military personnel
The model for legal assistance to veterans was discussed at the UNBA
A working meeting was held at the Ukrainian National Bar Association, during which representatives of the advocacy profession, the Ministry of Veterans Affairs of Ukraine and a foreign expert discussed approaches to providing legal aid to veterans, the role of the advocacy profession in this system, and the experience of other countries.
Guarantees of the practice of law
The CJU has endorsed guarantees of the legal profession’s independence and has proposed a meeting with the BCU
The Council of Judges of Ukraine has responded to a letter from the Bar Council of Ukraine regarding the inadmissibility of the High Council of Justice granting immunity to a member of the High Council of Justice — a privilege not provided for by law — as well as regarding violations of constitutional guarantees of the independence of the legal profession and attorney-client privilege.
Interaction
The UNBA and the Ministry of Veterans are expanding their cooperation
War veterans, their family members, as well as the family members of fallen Defenders of Ukraine are to receive improved access to professional legal assistance and additional opportunities for independent legal protection.
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.
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