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
Proceedings against military personnel following AWOL require clear deadlines — UNBA
A soldier’s return to duty after AWOL does not necessarily mean the end of criminal proceedings. To ensure that the case does not remain at the pretrial investigation stage, a clear procedure for the investigator and prosecutor is required.
Educational events
A one-time payment or royalties? Students were briefed on changes to copyright agreements
As a general rule, property rights to a work created by an employee are transferred to the employer, but the author retains the right to remuneration. European law requires that this remuneration be based on the actual income generated by the work, rather than being limited to a one-time payment.
Legislation
The UNBA warned of the risk of customs barriers for Ukrainian paper and furniture
Ukraine’s anti-deforestation rules are intended to preserve export access to the EU market. However, without paper and furniture on the list of goods, without effective sanctions, and with enforcement beginning only in 2030, these rules could hinder that goal.
Legislation
Fines for loud exhaust — based on a standardized measurement method — UNBA
Measures to combat intentionally loud exhaust noises are justified, especially during wartime. However, as long as the law does not specify which noise standard to apply or how to measure it on the road, this new liability can be neither fair nor effective.
Guarantees of the practice of law
Guarantees for advocacy without protective measures: proposed changes to the codes
The current law sets forth the rights and guarantees of the legal profession, but lacks the tools to protect them. The future law on advocacy is intended to fill this gap through amendments to criminal, administrative and procedural legislation.
Abroad
Living abroad doesn't sever your ties with Ukraine: what you should check
Moving to another country and even long-term residence abroad does not automatically sever an individual’s legal ties to Ukraine. Tax residency, sole proprietorship status, foreign income, enforcement proceedings, and military registration remain relevant even after relocation.
Legislation
Exceptions to the state prosecutor's representation in court must be consistent with the CCU's decision
To prevent the provisions of Article 23 of the Law «On the prosecutor’s office» from being declared unconstitutional again, the proposed amendments contained in the government’s draft law should be clarified.
Appointment
Representatives of the UNBA appeared in Zagreb, Los Angeles and Strasbourg
Representatives of the Ukrainian National Bar Association have been appointed in Zagreb (Croatia), Los Angeles (USA) and Strasbourg (France). They are advocates Nadiya Korinna, Hryhoriy Solomon and Aminat Suleimanova.
Publications
Vasyl Kolishnyi, «Law and Business» Supporting mental health should become part of the professional culture of the Bar, - H. Udovenko
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