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
European integration
The UNBA presented the CCBE with an overview of legal reform and challenges
Reform of the legal profession, Ukraine’s European integration commitments, guarantees of the profession’s independence, and practices of bar self-governance in European countries — these issues were the subject of discussion at the Council of Bars and Law Societies of Europe (CCBE).
Rule of Law Roadmap
The UNBA is compiling the findings of the subgroups regarding the implementation of the Rule of Law Roadmap
Today, May 28, the Ukrainian National Bar Association hosted a meeting of the Coordination Bureau of the Working Group on the implementation of the Rule of Law Roadmap regarding the reform of the advocacy profession. Following a series of meetings by thematic subgroups, the work is now moving to the stage of consolidating proposals and preparing a coordinated package of recommendations.
Discussion
UNBA discussed removing barriers at border crossings for families with children with disabilities
Families of children with disabilities face additional requirements when traveling abroad, particularly regarding consular registration. What is happening and what changes are needed to remove these obstacles were discussed during the roundtable «Borders without barriers for families of children with disabilities».
Discussion
New rules, old problems: the UNBA discussed the work of the ETAIDF and MMC
The reform of medical-social assessment and military medical commissions has changed procedures but has not resolved practical issues. People face situations where documents are not issued, decisions are based on technicalities, assessments are delayed, and they struggle to demonstrate their actual health status in specific life situations.
Discussion
Co-parenting shouldn't be reduced to a 50/50 formula, — roundtable discussion
Following a divorce, joint custody can serve as a mechanism for ensuring equal parental rights. However, this model requires clear criteria and cannot be applied automatically without taking into account the child’s age, the level of conflict between the parents, the risk of violence, and the feasibility of enforcing the future decision.
Legislation
Penalties for errors in military registration require clear rules, – UNBA
The liability of officials for violations of military registration rules must be legally defined, proportionate, and effectively enforceable. Otherwise, the new fines will not protect citizens from registration errors but will create additional risks.
European integration
Lidiya Izovitova: In the context of European integration reforms, advocacy is a partner of the state, not a target of reform
The war has significantly altered the working conditions for advocates, while European integration has presented the profession with new institutional challenges. The ongoing negotiation process covers issues such as the rule of law, judicial independence, fundamental rights, justice, freedom and security.
Guarantees of the practice of law
The Verkhovna Rada discussed the next steps for ratifying the Convention on the Protection of the Professions of Lawyer
The Verkhovna Rada Committee on legal policy held a working meeting to prepare for the ratification of the Convention for the Protection of the Profession of Lawyer. The meeting was attended by members of parliament, representatives of the Office of the President, the Ministry of Justice, the Ministry of Foreign Affairs and the Ukrainian National Bar Association.
Publications
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
Sergiy Vylkov Our judicial system is so built that courts do not trust advocates