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
Legislation
The UNBA explained what could undermine the plan to introduce plea agreements
Information regarding who pays whom, how much, and on what grounds under a plea agreement must be made public. However, as long as this information is classified as a state secret or personal data, the court will continue to be able to close proceedings and restrict access to judgments.
Interaction
The UNBA and the German Institute for Eastern Law will prepare joint legal opinions
Ukrainian advocates and German legal scholars will jointly prepare comparative legal studies, expert opinions, and professional events. The UNBA reached this agreement with the Institute for Eastern European Law in Regensburg, which has been researching the laws of Central and Eastern European countries for nearly 70 years.
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.
Educational events
What should an advocate do if a client is under severe stress?
An advocate may encounter a client in a state of acute stress, when the person is looking at the other person but does not see them. Before discussing the case, it is important to bring the client back to reality: establish contact, ask a few questions, and engage their senses.
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.
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