The shadow report on justice will be evaluated at the BCU

Recently, the so-called Shadow Report to the Justice and Fundamental Rights section of the European Commission's Report on Ukraine was published, prepared by a coalition of NGOs led by the Agency for Legislative Initiatives with the support of the European Union's Pravo-Justice Project and other NGOs.

It was discussed by members of the Bar Council of Ukraine during a meeting held today, September 20, in Zakarpattia.

The document contains the section «Reform of the Bar», which has already been criticized by the judiciary as «containing biased and unbiased, and sometimes openly incompetent assessments and conclusions».

Lidiya Izovitova, the President of the of the UNBA, BCU also drew the attention of her colleagues to the fact that during the preparation of this document, its authors did not ask for the opinion of the bar self-government bodies, so it is hardly possible to consider the document as objective and thorough. Therefore, the bar should also express its opinion.

The report identifies the expiration of the term of office of the bar self-government bodies as the key problem of the bar, which allegedly results in the failure of the institution to fulfill its constitutional functions in the justice system.

The President of the of the UNBA, BCU noted that today, in fact, there is again active speculation on the topic of elections to the bar self-government bodies, the High Council of Justice, and the Qualification and Disciplinary Commission of Prosecutors, which should be held as part of the Congress of Advocates of Ukraine.

But two years ago, the BCU already made all the necessary decisions to convene the Sixth Reporting and Electoral Congress of Advocates of Ukraine. And it will definitely take place after the end of martial law.

The impossibility of holding the congress today is due to the very procedure of its organization. Unlike judges, the lawyers' model is multi-level. Delegates must first gather locally, and then elect their representatives for the congress itself. The place, date, and time of all these mass gatherings must be made public in advance. Under such conditions, it is virtually impossible to guarantee the safety of lawyers at all levels and to ensure representation of most regions at the congress.

Also, during the work of the supreme body of the bar self-government of Ukraine, it is necessary to ensure the exercise of the right to vote (both active and passive) by all Ukrainian lawyers, including those who are currently defending the country from external aggression.