The shadow dissipates after a real study, - L. Izovitova on the «report» on the advocacy
The shadow report of the coalition of NGOs on the state of affairs in Ukraine and the European Commission's report, which contain sections on the bar, were prepared without the participation of the UNBA, the only professional organization of lawyers in Ukraine. Therefore, there are doubts about the objectivity and reliability of the information provided.
This opinion was expressed by Lidiya Izovitova, the President of the UNBA, BCU, during the XIV International Scientific and Practical Conference «Advocacy: Past, Present and Future», which was recently held in Odesa.
She reminded that the European Commission has recently published annual reports on candidate countries. The document dedicated to Ukraine touched upon the institution of the bar, among other things. In particular, it states that the country has allegedly failed to reform the bar, and that legislation has not been brought in line with the Constitution, European standards, and best practices.
This position can be attributed to the fact that the day before, the so-called coalition of civil society organizations prepared a shadow report that was presented to the EU delegation to Ukraine and representatives of the European Commission.
And although the shadow report and, as a result, the European Commission's report include sections on the bar, they were prepared without the UNBA's participation. «In fact, such an important document of the European Commission is based on a report whose conclusions are separated from the source of the study. As we understand it, no one is responsible for the «shadow». It disappears in the light. In our case, the shadow of the report will dissipate if a real study is done, - said the President of the UNBA, BCU. - This document has already been criticized by the judiciary as containing biased and sometimes openly incompetent assessments and conclusions».
Earlier, the Bar Council of Ukraine made a detailed analysis of the shadow report and concluded that the very nature of the shadow report indicates that it was prepared for purposes contrary to the interests of the bar, as well as contrary to the interests of the state of Ukraine as a path to joining the European Union.
Regarding the issues that were the subject of the reports, L. Izovitova informed that on September 17-19 this year, the second bilateral meeting between Ukraine and the EU took place in Brussels as part of the review of the inconsistency of Ukrainian legislation with EU legislation. The agenda included reports in three blocks: judicial system, anti-corruption policy and fundamental rights. UNBA representatives also attended the EU accession negotiations as part of the Ukrainian delegation. And on the eve of this meeting, the UNBA submitted a detailed opinion on the compliance of Ukrainian legislation on the Bar with European standards, namely
- Directive 77/249/EEC of the Council of the European Economic Community of March 22, 1977 on the promotion of the effective exercise by lawyers of the freedom to provide services;
- Directive 98/5/EC of the European Parliament and of the Council of 16.02.98 on the promotion of the permanent exercise of the legal profession in a Member State other than the State of professional qualification;
- Recommendation No. R(2000)21 of the Committee of Ministers to Member States on the freedom of the exercise of the profession of lawyer, adopted by the Committee of Ministers of the Council of Europe at the 727th meeting of the Deputy Ministers on October 25, 2000.
Accession to the Organization for Economic Cooperation and Development is also a common challenge for all national institutions on which the European future of our country depends. UNBA also contributes to the implementation of the accession program. In August 2024, the UNBA held a joint meeting with representatives of the OECD, where the participants discussed the current state of the bar in Ukraine and the problems caused by martial law.
The Council of Europe is finalizing the European Convention on the Protection of the Legal Profession. This is the first document in the world's history that will establish the very standards (there are no unified standards to date) that are much talked about but still lacking at the international level. The text of the convention is ready and should be adopted early next year. It was developed by a Committee of Experts, whose vice president was Valentyn Gvozdiy, a representative of Ukraine and Vice president of the UNBA, BCU. This clearly shows that the Ukrainian bar, which has undergone significant changes after the 2012 reform and adapted European approaches, has already gained credibility and is now actively involved in shaping the standards of the profession at the European level. The experience of Ukraine and the achievements of our specialists are taken into account and used by institutions in the interests of lawyers throughout Europe.
Today, the Ukrainian Bar has a legally enshrined status of a self-governing institution, and the UNBA, as the only professional organization authorized to represent attorneys at the international and national levels, must be protected. Therefore, any reform of the Bar should be carried out with the participation of its representatives, - summarized the President of the UNBA, BCU.
Popular news
European integration
A translation of the report on advocacy presented to the European Parliament has been published
A translation of a research report on the Ukrainian advocacy profession in wartime, previously presented to the European Parliament in Brussels, has been published. The document is presented as a basis for discussion on the rule of law, Ukraine's European integration aspirations, and countering Russian disinformation in the legal sphere.
Legislation
The Verkhovna Rada Committee criticized the format of the government working group on advocacy
The implementation of the Roadmap on the rule of law (approved by Cabinet of Ministers Resolution No. 475-r of May 14, 2025) in relation to advocacy raises the practical question of who exactly should prepare legislative changes and how.
Self-government
The BCU demands a review of the composition of the government working group on reforming the advocacy profession
The President of the UNBA, BCU Lidiya Izovitova, appealed to the Cabinet of Ministers of Ukraine to review the composition of the working group on improving legislation in the field of advocacy and legal practice.
Guarantees of the practice of law
The President has determined, who will sign the Convention for the Protection of the Profession of Lawyer
President of Ukraine Volodymyr Zelenskyy authorized Ukraine's Permanent Representative to the Council of Europe Mykola Tochytskyi to sign the Council of Europe Convention for the Protection of the Profession of Lawyer.
Discussion
Why lowering the age of marriage lacks legal logic
Although until 2012 there was a provision in family law that allowed children to marry from the age of 14 under certain circumstances, its return to Ukrainian law would contradict international obligations and the logic of criminal law.
European integration
Open dialogue between the UNBA and the European Commission on the path to EU
The Ukrainian National Bar Association held a working meeting in Brussels with Mr Wolfgang Nozar, Head of Unit for Governance, Rule of Law and Financial Assistance, Directorate-General for Enlargement and Eastern Neighbourhood (DG ENEST), European Commission.
Self-government
A report on Ukrainian advocacy was presented in the European Parliament
Can a shadow report on advocacy replace the political framework of the Roadmap on the rule of law with demands for the restructuring of self-government? Where is the line between accountability and the seizure of institutions? And how can we respond to narratives with data rather than impressions?
European integration
UNBA and Ukraine's representation to the EU have synchronized their priorities
On February 5, in Brussels, the President of the UNBA, BCU Lidiya Izovitova held a working meeting with the Ambassador Extraordinary and Plenipotentiary of Ukraine, Representative of Ukraine to the European Union Vsevolod Chentsov.
Publications
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
Iryna Vasylyk Advocacy in the proclamation of Independence of Ukraine