The work on the Convention on the Protection of the Legal Profession has been completed
The Council of Europe has prepared the final text of the draft Convention on the Protection of the Legal Profession, the world's first document that sets international standards for the protection of lawyers, guarantees their independence and protects them from risks associated with the performance of their professional duties.
This was announced by Valentyn Gvozdiy, Vice President of the UNBA, BCU, following the ninth meeting of the Committee of Experts on the Protection of Lawyers (CJ-AV), which took place in Strasbourg on September 11.
It was this committee, of which V. Gvozdiy is a vice-president, that worked on developing the concept and drafting the text of the Convention. CJ-AV operates under the Committee of Ministers and the European Committee on Legal Cooperation (CDCJ) of the Council of Europe.
The next step will be to approve the text of the Convention at the CDCJ meeting to be held in November. After that, the document will be sent to the Parliamentary Assembly of the Council of Europe and the Committee of Ministers of the Council of Europe for consideration. The Convention is expected to enter into force in the spring of 2025.
The finalization of the Convention is a powerful step towards the creation of common European standards that will guarantee the protection of the profession, regardless of the country in which the lawyer is practicing. The emergence of such a document of historic proportions is important not only for the European but also for the Ukrainian bar, which faces daily challenges that threaten the independence of the institution.
«I am proud to have represented Ukraine in this process, - says V. Gvozdiy. - This is a recognition of the high level of development of the legal profession in Ukraine, a political signal that our professional community is at the forefront of protecting human rights and the rule of law. This is especially important at a time when the Ukrainian National Bar Association is facing unfounded manipulative attacks aimed at undermining its independence».
Claire Ovi, Director of Human Rights of the Council of Europe, noted that this Convention is an important step towards strengthening the protection of lawyers, given the growing risks faced by the profession. She emphasized that justice systems cannot function properly without the free and independent exercise of the profession of lawyer. Gianluca Esposito, Director General of the Office of Human Rights and Rule of Law, added that the document has received significant support from the Committee of Ministers of the Council of Europe, which underlines its political relevance.
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
«Advocate+» has expanded its operations to 18 military units
The «Advocate+» project of the Ukrainian National Bar Association, which assigns advocates to military units, has expanded its operations to 18 units. Specialists have already been assigned to the new participants and are set to begin consultations next week.
Appointment
The UNBA has established a Committee on cybersecurity and virtual assets
A permanent collegial advisory body — the Committee on cybersecurity and virtual assets has been established under the UNBA.
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.
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