HQDCB members will not be able to abstain from voting

Advocacy
17:54 Wed 23.10.24 92 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 Verkhovna Rada took another step towards ratifying the Convention on the protection of the profession of advocate

Guarantees of the practice of law

The Verkhovna Rada took another step towards ratifying the Convention on the protection of the profession of advocate

On November 5, the Verkhovna Rada held a working meeting dedicated to the translation of the Council of Europe Convention on the protection of the profession of advocate for its subsequent signing and ratification. The issue was initiated by the Ministry of Foreign Affairs, which drew attention to the key term «lawyer» in the international treaty.

18:19 Thu 06.11.25 112
Nana Bakayanova awarded with the Certificate of honor of the Verkhovna Rada of Ukraine

Greetings

Nana Bakayanova awarded with the Certificate of honor of the Verkhovna Rada of Ukraine

Nana Bakayanova, head of the Department of judicial, law enforcement and advocacy organizations at the Odessa Law Academy and secretary of the disciplinary chamber of the Odessa Region Qualification and Disciplinary Commission, received a Certificate of honor from the Verkhovna Rada of Ukraine.

15:23 Thu 30.10.25 112
Law and feelings: advocates explore contemporary challenges in family law

Discussion

Law and feelings: advocates explore contemporary challenges in family law

Marriage and divorce are not only legal procedures, but also social phenomena that require a responsible approach. The UNBA Committee on family law organized and held a professional discussion on the topic «Conscious» marriage and «prudent» divorce: challenges, risks, consequences».

12:46 Thu 30.10.25 138
BCU strengthens its position on the right of advocate to prioritize cases

Practice of law

BCU strengthens its position on the right of advocate to prioritize cases

In legal practice, it is not uncommon for court hearings in different cases to be scheduled at the same time. This raises the question: which case should the advocate attend first, and can the court interfere with this decision?

13:12 Tue 28.10.25 190
Advocate or lobbyist? The UNBA has presented a guide to distinguishing between the professions

Edition

Advocate or lobbyist? The UNBA has presented a guide to distinguishing between the professions

The Ukrainian National Bar Association has prepared a guide that helps distinguish between the legal status of an advocate and a lobbyist, explains the limits of permissible activities for each, and prevents possible violations of ethical and legal standards when participating in public policy-making.

18:42 Fri 24.10.25 229
Essay contest on the synergy of human and artificial intelligence in diplomacy has begun

Announcements

Essay contest on the synergy of human and artificial intelligence in diplomacy has begun

The Educational and Scientific Institute of International Relations at Taras Shevchenko National University of Kyiv invites students from higher education institutions in Ukraine to participate in the Second All-Ukrainian essay competition on the topic «Modern Ukrainian diplomacy: synergy of human and artificial intelligence in defending national interests».

17:48 Fri 24.10.25 231
Where is the line between respect for the court and the dignity of an advocate?

Abroad

Where is the line between respect for the court and the dignity of an advocate?

Ukrainian advocates sometimes complain about condescending attitudes or tactless remarks from judges. But such conflicts are not unique to Ukraine. In various countries, advocates raise issues of communication culture in court, mutual respect, and the inadmissibility of humiliating participants.

15:13 Fri 24.10.25 216
Occupational safety during wartime: legal risks and employer liability

Discussion

Occupational safety during wartime: legal risks and employer liability

On October 21, the National Bar Association of Ukraine held a round table discussion on «Occupational safety in conditions of martial law». Participants discussed how the war has changed the requirements for safe working conditions, what guarantees remain for employees, and what responsibility employers bear for violations of legislation in this area.

13:17 Fri 24.10.25 313

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

Оберіть файл