HQDCB members will not be able to abstain from voting

Advocacy
17:54 Wed 23.10.24 214 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

The UNBA congratulates Denis Maslov on his appointment as Minister of Justice

Greetings

The UNBA congratulates Denis Maslov on his appointment as Minister of Justice

Denis Maslov’s many years of experience as a advocate, his work as a judge and his tenure as chairman of the Verkhovna Rada of Ukraine’s Committee on legal policy have given him a deep understanding of how the legal system functions and the challenges it faces.

19:43 Thu 16.07.26 116
The Verkhovna Rada explained why the section on advocacy should be removed from the anti-corruption strategy

Legislation

The Verkhovna Rada explained why the section on advocacy should be removed from the anti-corruption strategy

The section on advocacy and legal aid in the draft anti-corruption strategy for 2026–2030 goes beyond the scope of anti-corruption policy and is inconsistent with the constitutional guarantees of the independence of the legal profession.

14:26 Thu 09.07.26 115
The NACP’s clarification regarding the declaration of membership in the UNBA should be clarified – BCU

Guarantees of the practice of law

The NACP’s clarification regarding the declaration of membership in the UNBA should be clarified – BCU

An advocate’s membership in the UNBA is an element of professional status arising by virtue of law, rather than a voluntary private membership in an association. Therefore, failure to disclose it in a declaration should not automatically lead to the conclusion of unethical conduct or the concealment of a private interest.

12:28 Fri 03.07.26 169
The history of Ukrainian constitutionalism was discussed during a lecture

Discussion

The history of Ukrainian constitutionalism was discussed during a lecture

To mark Ukraine’s Constitution Day, the Center for research on the legal profession and law of the UNBA in collaboration with the «Bykivnia Graves» National Historical and Memorial Reserve organized an online lecture on the history of the Ukrainian constitutional process.

10:27 Wed 01.07.26 108
The UNBA is counting on the swift ratification of the Convention on the Protection of the Professions of Lawyer

Legislation

The UNBA is counting on the swift ratification of the Convention on the Protection of the Professions of Lawyer

The ratification of the Council of Europe Convention on the Protection of the Professions of Lawyer must be accompanied by targeted amendments to legislation to strengthen safeguards for advocates, but should not be used as a pretext for dismantling the self-governing model of advocacy.

15:54 Tue 30.06.26 185
A manifesto on AI in law was presented in Europe. The UNBA has joined the initiative

Interaction

A manifesto on AI in law was presented in Europe. The UNBA has joined the initiative

On June 24, as part of European Legal Sovereignty Day, which took place in Brussels, the Manifesto for a Referential of Human Guarantee in the Legal Use of AI was presented.

16:59 Fri 26.06.26 256
Martial law has changed administrative disputes – findings from IUS PUBLICUM 2026

Court practice

Martial law has changed administrative disputes – findings from IUS PUBLICUM 2026

During martial law, the focus of administrative proceedings shifted: in addition to tax disputes, cases involving access to public information, personal data protection, and challenges to regulatory acts, the docket now includes mobilization issues, challenges to decisions by the TCC and the Special Purpose Commission, disputes regarding deferrals, military service, sanctions, and new administrative restrictions.

12:03 Mon 22.06.26 122
Lidiya Izovitova identified 7 challenges in administrative proceedings for advocates

Court practice

Lidiya Izovitova identified 7 challenges in administrative proceedings for advocates

The predictability of judicial practice, jurisdictional disputes, cassation filters, enforcement of judgments against the state, the burden of proof, written proceedings, and guarantees for the practice of law remain key issues in administrative justice for advocates.

18:22 Fri 19.06.26 242

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

Оберіть файл