HQDCB members will not be able to abstain from voting

Advocacy
17:54 Wed 23.10.24 256 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

Proceedings against military personnel following AWOL require clear deadlines — UNBA

Legislation

Proceedings against military personnel following AWOL require clear deadlines — UNBA

A soldier’s return to duty after AWOL does not necessarily mean the end of criminal proceedings. To ensure that the case does not remain at the pretrial investigation stage, a clear procedure for the investigator and prosecutor is required.

19:04 Fri 16.10.26 161
The UNBA warned of the risk of customs barriers for Ukrainian paper and furniture

Legislation

The UNBA warned of the risk of customs barriers for Ukrainian paper and furniture

Ukraine’s anti-deforestation rules are intended to preserve export access to the EU market. However, without paper and furniture on the list of goods, without effective sanctions, and with enforcement beginning only in 2030, these rules could hinder that goal.

11:12 Fri 16.10.26 119
Fines for loud exhaust — based on a standardized measurement method — UNBA

Legislation

Fines for loud exhaust — based on a standardized measurement method — UNBA

Measures to combat intentionally loud exhaust noises are justified, especially during wartime. However, as long as the law does not specify which noise standard to apply or how to measure it on the road, this new liability can be neither fair nor effective.

13:53 Thu 15.10.26 108
Guarantees for advocacy without protective measures: proposed changes to the codes

Guarantees of the practice of law

Guarantees for advocacy without protective measures: proposed changes to the codes

The current law sets forth the rights and guarantees of the legal profession, but lacks the tools to protect them. The future law on advocacy is intended to fill this gap through amendments to criminal, administrative and procedural legislation.

19:41 Tue 13.10.26 164
Living abroad doesn't sever your ties with Ukraine: what you should check

Abroad

Living abroad doesn't sever your ties with Ukraine: what you should check

Moving to another country and even long-term residence abroad does not automatically sever an individual’s legal ties to Ukraine. Tax residency, sole proprietorship status, foreign income, enforcement proceedings, and military registration remain relevant even after relocation.

18:13 Tue 13.10.26 115
Exceptions to the state prosecutor's representation in court must be consistent with the CCU's decision

Legislation

Exceptions to the state prosecutor's representation in court must be consistent with the CCU's decision

To prevent the provisions of Article 23 of the Law «On the prosecutor’s office» from being declared unconstitutional again, the proposed amendments contained in the government’s draft law should be clarified.

14:32 Fri 09.10.26 109
How can an advocate defend a client whose data is processed by the Interpol system?

Educational events

How can an advocate defend a client whose data is processed by the Interpol system?

The absence of a last name on the Interpol website does not necessarily mean that no one is looking for that person. How can you find out exactly what information police databases in 196 countries hold about a client, and does the removal of a record mean that the problems are behind you?

16:27 Thu 08.10.26 116
A bill implementing the Convention on the Protection of the Professions of Lawyer has been introduced

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.

14:08 Mon 05.10.26 286

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

Оберіть файл