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
Legislation
The path to ratification of the Convention must not end in yet another delay — L. Izovitova
Ukraine’s preparations for the ratification of the Council of Europe Convention on the Protection of the Professions of Lawyer have already passed key stages. Now, government institutions must submit the matter to the Verkhovna Rada for consideration. In doing so, Ukraine may complete the ratification process faster than EU member states.
Guarantees of the practice of law
Ukraine could be the first to implement a European mechanism for the protection of advocates. What’s holding it back?
Ukraine has a chance to be the first country to ratify the Council of Europe Convention on the Protection of the Professions of Lawyer. Political support for this exists, but the government’s legislative package has not yet been submitted to parliament. Meanwhile, the number of violations of advocates’ rights is on the rise.
Educational events
How can an advocate verify that work has been completed if the client refuses to sign the report?
When billing by the hour, the primary document for determining the fee may be a detailed report on the time spent by the advocate and the work performed. To prevent the client from withholding payment, the contract should specify in advance the procedure for submitting and approving such a report.
Self-government
The BCU took note of the public appeal from the HCJ
The Bar Council of Ukraine has determined that, given the current security situation, it is objectively impossible to hold, in accordance with the procedure established by the Law «On the advocacy and the practice of law», meetings of advocates, regional conferences of advocates and the Congress of Ukrainian Advocates, including for the purpose of electing two members of the High Council of Justice under the quota allocated to the Congress of Ukrainian Advocates.
War
The BCU has launched a digital project «Wall of Remembrance and Honor»
The Bar Council of Ukraine has adopted a resolution to launch the digital project «Wall of Remembrance and Honor». To this end, the UNBA is beginning to collect information on advocates and paralegals who lost their lives as a result of the Russian Federation’s armed aggression against Ukraine.
Legal defence of military personnel
Medical care, veterans' benefits and legal assistance: what changes are needed to protect service members
The consequences of torture and illnesses suffered by Ukrainian servicemembers while in captivity are not always properly documented or taken into account when providing social benefits. Therefore, a medical examination is crucial during the reintegration phase; it is also necessary for documenting war crimes.
Interaction
Energy law: the UNBA and the ADMGE have agreed to cooperate
Advocates will deepen their professional expertise in the field of energy law, and participants in the distributed and flexible generation market will have greater opportunities to obtain professional legal assistance.
Educational events
How glasses help you switch off advocate mode – a lifehack
The constant need to be available to clients, thinking about cases outside of work hours, and internalizing others’ emotions blur the line between an advocate’s professional and personal life. That is why it is important to practice switching between contexts, use external «anchors» and separate one’s own responsibilities from those of the client.
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