Advocacy as part of the Ukrainian delegation took part in the EU accession negotiations
On September 17-19, the second EU-Ukraine bilateral session is taking place in Brussels (Belgium) as part of the screening of the compliance of Ukrainian legislation with EU law. The agenda includes reports in three blocks: «Judiciary», «Anti-Corruption Policy» and «Fundamental Rights».
The meeting between representatives of the European Commission and Ukraine is taking place in a mixed (offline and online) format and is dedicated to the negotiated Title 23 «Judiciary and Fundamental Rights». Experts call it one of the most important in the negotiation process.
Savva Kuzmenko, Director of the Higher School of Advocacy, took part in the session. He spoke about the unique status of the independent bar as part of the justice system in Ukraine, the relevant Law «On the Bar and Practice of Law», which once received a favorable opinion from the Venice Commission on compliance with European standards. He outlined the system of professional self-government bodies, emphasizing that the Ukrainian Bar is independent, self-governing and not funded from the state budget.
S. Kuzmenko also spoke about the role of the Ukrainian State Bar Association, which is a training platform for the continuous professional development of lawyers, the creation and conduct of trainings, and the establishment of international relations, including with the Council of Europe's HELP educational platform, the CCBE and other professional associations.
The negotiating section, which is the subject of the session, covers EU law and policies in the areas of independent and effective judiciary; prevention and fight against corruption as a threat to the stability of democratic institutions and the rule of law; fundamental rights and freedoms guaranteed by EU treaties, the European Union Charter of Fundamental Rights: children's rights, protection of persons reporting violations of EU law, protection of personal data, procedural rights and guarantees, rights of victims of crime, combating racism and xenophobia, freedom of expression, non-discrimination, protection of Roma rights, gender equality, rights of persons with disabilities, rights of citizens of EU member states.
The Ukrainian delegation, headed by the Vice Prime Minister for European and Euro-Atlantic Integration and Minister of Justice Olha Stefanishyna, includes about three hundred participants (MPs, representatives of state authorities and other institutions).
Popular news
Support
Protecting the legal profession, cybersecurity and support for advocates: common themes for the IBA and the UNBA
On September 18, a working meeting was held at the office of the Ukrainian National Bar Association with Executive Director of the International Bar Association (IBA) Mark Ellis. The parties discussed the Ukrainian advocacy profession’s participation in European legal processes, the protection of the UNBA’s digital infrastructure, psychological support for advocates and future areas of cooperation.
Educational events
Tax residency of Ukrainians abroad: what matters
The determination of tax residency for Ukrainians who have been living abroad for an extended period depends on the combination of their personal and economic ties to each country. The established status determines the procedure for reporting income, paying taxes and fulfilling CFC reporting obligations.
War
Are Europe's advocacy associations prepared for a potential war? V. Gvozdiy shared lessons from the Ukrainian experience
The continuity of the bar’s self-governance, the protection of professional registries and archives, as well as equal guarantees of employment for advocates, judges, and prosecutors must be enshrined in advance in legislation in the event of war or another emergency.
Legal defence of military personnel
Payments to military personnel require clear and uniform criteria — UNBA Committee
The vagueness of terms in subordinate regulatory acts leads to differing interpretations of the grounds for paying additional compensation to military personnel. The UNBA has proposed harmonizing these acts and establishing transparent criteria for the allocation of funds.
Tragic news
Former CCBE President James MacGuill has passed away
The Ukrainian National Bar Association expresses its condolences on the passing of James MacGuill — a renowned Irish advocate and former president of the Law Society of Ireland and the Council of Bars and Law Societies of Europe (CCBE).
Educational events
How DISC helps manage «tigers», «monkeys», «elephants» and «turtles»
The same instruction from a manager may motivate one employee to take action, while leaving another without the necessary guidance. People perceive work tasks differently: for some, a deadline and the expected outcome are enough, while others need explanations, time or a detailed plan.
Guarantees of the practice of law
The Council of Europe Convention will strengthen constitutional guarantees of human rights – M. Stavniychuk
The exclusive right of an advocate to represent another person in court, as enshrined in the Constitution, should be viewed as an integral part of the mechanism for protecting human rights in Ukraine. Furthermore, ratification of the Council of Europe Convention on the Protection of the Professions of Lawyer could strengthen the substance of this and other guarantees.
Legislation
The Verkhovna Rada is preparing a bill to implement the Convention on the Protection of the Professions of Lawyer
Members of Parliament plan to introduce a bill in the near future to implement the main provisions of the Council of Europe Convention on the Protection of the Professions of Lawyer. This parliamentary initiative may also prompt the government to expedite the preparation of the ratification package.
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