HQDCB members will not be able to abstain from voting

Advocacy
17:54 Wed 23.10.24 166 Reviews
Print

In accordance with the Rules of Procedure of the High Qualification and Disciplinary Commission of the Bar, the HQDCB's decision is made by open vote. Until the last meeting, members of the commission could vote for, against, and abstain.

The last option, when a member of the commission could withdraw from the decision, was removed by the Bar Council of Ukraine. By its decision of 21.10.2024 No. 67, it amended the Rules of Procedure of the HQDCB. Now, a member of the HQDCB is not entitled to abstain from voting.

As a reminder, the HQDCB is a collegial body tasked with reviewing complaints against decisions, actions or inactions of the qualification and disciplinary commissions of the regional bar associations. The HQDCB consists of thirty members.

Upon consideration of the complaint, the Commission has the right to:

1) leave the complaint unsatisfied and the QDCB's decision unchanged;

2) change the decision of the QDCB;

3) to cancel the decision of the QDCB and make a new decision;

4) send the case for a new consideration and oblige the QDCB to take certain actions.

Decisions are made by voting by a majority of the total number of commission members. In other words, in any case, at least 16 votes are required to make a decision.

Pursuant to clause 3.45 of the HQDCB Regulations, in the absence of the majority of votes required by law, the complaint is considered rejected, as indicated in the HQDCB decision to dismiss the complaint and leave the decision of the QDCB unchanged.

Thus, in accordance with this clause, in some cases, commission members who did not support the contested decision of the QDCB but at the same time did not accept the rapporteur's proposals on it, such members had the opportunity to abstain from voting on the draft decision of the Higher Commission. Starting from the next meeting, they will have to decide in favor of or against the draft decision in any case.

In addition, Decision No. 67 also clarified the provisions on cases when complaints are sent for consideration to the QDCB of another region, the secretariat's access to the materials of disciplinary proceedings, the forms of decisions taken by the commission, the format of notifications of meetings, and other procedural issues.

Popular news

Advocates have warned that the draft Labor Code would curtail workers' protections

Legislation

Advocates have warned that the draft Labor Code would curtail workers' protections

Certain provisions of the draft Labor Code of Ukraine regarding collective labor disputes undermine labor protections and do not comply with constitutional and international standards.

11:47 Thu 09.04.26 184
Representatives from the Ministry of Veterans Affairs and the UNBA discussed veterans' access to justice

Legal defence of military personnel

Representatives from the Ministry of Veterans Affairs and the UNBA discussed veterans' access to justice

On April 3, a working meeting was held at the Ministry of Veterans Affairs of Ukraine with representatives of the Ukrainian National Bar Association, dedicated to improving the effectiveness of legal protection for war veterans and their families.

16:17 Tue 07.04.26 122
The right of minors to marry: how judicial oversight works

Educational events

The right of minors to marry: how judicial oversight works

The issue of granting minors the right to marry lies at the intersection of family law, child protection, and judicial discretion. The UNBA Committee on family law dedicated a webinar held on March 30 to this very topic.

11:28 Tue 07.04.26 162
The UNBA and the Coordination headquarters have agreed to cooperate in assisting those released from captivity

Interaction

The UNBA and the Coordination headquarters have agreed to cooperate in assisting those released from captivity

Servicemen released from captivity, family members of prisoners of war, civilians deprived of their personal liberty as a result of armed aggression, as well as persons missing in connection with the war, will gain additional opportunities to access legal assistance and protect their rights.

19:14 Mon 06.04.26 133
BCU: The HCJ’s decisions undermine the constitutional guarantees of the independence of the advocacy profession

Self-government

BCU: The HCJ’s decisions undermine the constitutional guarantees of the independence of the advocacy profession

The Bar Council of Ukraine has concluded that, in its recent decisions, the High Council of Justice has, without legal grounds, called into question the right of bar self-governing bodies to protect the guarantees of legal practice and has, in effect, attempted to grant one of its members — who retains the status of an advocate — special immunity from the Rules of professional conduct and disciplinary responsibility.

14:56 Thu 02.04.26 165
The Bar Council of Ukraine begins its meeting

Announcements

The Bar Council of Ukraine begins its meeting

Today, April 2, a meeting of the Bar Council of Ukraine is taking place in Kyiv. On the agenda are issues related to the activities of bar self-governing bodies, consideration of a decision by the High Council of Justice, a number of appeals, as well as a discussion of the current state and pressing issues regarding the functioning of the legal aid system.

12:48 Thu 02.04.26 135
The UNBA and the National Guard have agreed to cooperate on legal protection for military personnel

Interaction

The UNBA and the National Guard have agreed to cooperate on legal protection for military personnel

Servicemembers of the National Guard, their family members, and veterans are to receive additional legal tools to protect their rights, while the National Guard’s legal services will receive methodological and expert support.

12:49 Mon 30.03.26 148
Advocates barred from visiting clients in Temporary detention facility: discussion at the UNBA

Discussion

Advocates barred from visiting clients in Temporary detention facility: discussion at the UNBA

The right to legal representation in the first hours following arrest is often rendered meaningless when advocates are denied access to their clients in temporary detention facilities due to bureaucratic barriers, requests for documents not required by the Code of Criminal Procedure, and the practice of detaining people there under the pretext of «security measures».

15:04 Fri 27.03.26 112

Надішліть файл із текстом публікації у форматі *.doc, фотографію за тематикою у розмірі 640х400 та Ваше фото.

Оберіть файл