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.