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 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.
Popular news
Legislation
A bill implementing the Convention on the Protection of the Professions of Lawyer has been introduced
The constitutional guarantees of legal aid, defense, and the independence of advocacy cannot be realized without protecting advocates from unwarranted interference in their professional activities, including searches, the seizure of professional materials and the use of criminal procedural mechanisms to exert pressure.
Abroad
The CCBE is discussing European justice and issues related to the protection of advocates
Today, October 2, a meeting of the Standing Committee of the Council of Bars and Law Societies of Europe (CCBE) is taking place in Brussels. On the agenda are the protection of the advocate profession, the rule of law, attorney-client privilege, and changes in the European justice system.
Rule of Law Roadmap
The UNBA presented the key provisions of the future law on advocacy in Brussels
The Ukrainian National Bar Association presented its proposals for the upcoming law on advocacy, aligned with the Rule of Law Roadmap. The presentation covered topics such as access to the profession, self-governance, disciplinary procedures, professional development and guarantees for the practice of advocacy.
Educational events
Advocates were taught to voice their complaints without making accusations
In a difficult conversation, it’s easy to confuse facts with opinions, feelings with accusations, and requests with demands. How can you express dissatisfaction, explain your own needs, and propose a specific solution while still allowing your conversation partner the opportunity to refuse or suggest an alternative?
Guarantees of the practice of law
The paradoxes of urgency: is it possible to investigate a crime before it is committed?
On September 24 in Kyiv, National Police officers detained an advocate during an emergency search, having caught him in the act of committing a crime. At the time, the pretrial investigation in this case had already been ongoing for more than four months.
Guarantees of the practice of law
Unrestricted access to advocates' accounts poses a risk of client data disclosure — BCU
Information regarding transactions in the bank accounts of an advocate, a law firm, or a bar association from which clients can be identified, as well as the fact and subject matter of a request for legal assistance, the purpose of payments, and the amount of the fee constitutes attorney-client privilege. This rule applies regardless of whether the information also constitutes banking information and is in the possession of a bank.
Guarantees of the practice of law
The contract provides for a video conference, but the court requires in-person appearance: how should an advocate proceed?
Many advocates today work remotely; therefore, their agreements with clients provide for the provision of legal assistance via videoconferencing. However, this form of work does not, in and of itself, create an unconditional obligation for the court to conduct every hearing via videoconference.
Guarantees of the practice of law
Independent oversight is necessary before using CISA materials against an advocate – Lidiya Izovitova
Before the prosecution uses information obtained during covert investigative actions and related to an advocate’s activities, independent procedural oversight must be conducted. It is necessary to determine whether such information is covered by attorney-client privilege and whether it may be disclosed.
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