Lidiya Izovitova: The Law on the Bar is a part of Ukraine's European integration path
The current Law of Ukraine «On the Bar and Practice of Law» is the most modern law on the bar in Europe. Since it embodies European standards of legal profession and self-government, its adoption, among other things, allowed the signing of the Association Agreement with the EU in 2014.
This was emphasized by Lidiya Izovitova, the President of the Ukrainian National Bar Association and the Bar Council of Ukraine, during the International Bar Forum, which is taking place in Kharkiv on December 5-6.
The event is held at the Faculty of Advocacy of the Yaroslav Mudryi National Law University. The UNBA and the Kharkiv Regional Bar Council co-organized the forum.
The President of the UNBA, BCU reminded of the important moments of the formation and development of the modern bar in the context of the European integration path of our country. After all, during the preparation of the draft law, modern European standards for the organization and activities of the Bar, the conclusions of experts from the Council of Europe, the European Commission for Democracy through Law (Venice Commission) and proposals of leading Ukrainian scholars were taken into account.
At that time, the need to reform the Bar was driven not only by the need to take certain steps within our country, but also by the need for Ukraine to fulfill its international obligations.
This refers to the PACE Opinion No. 190 (1995) on Ukraine's accession to the Council of Europe of September 26, 1995 (para. 11), PACE Resolution No. 1346 (2003) «Fulfillment by Ukraine of its obligations and commitments» of 29.09.2003 (para. 10), PACE Resolution No. 1755 (2010) «Functioning of democratic institutions in Ukraine» of 04.10.2010. ), PACE Resolution 1755 (2010) on the Functioning of Democratic Institutions in Ukraine of 04.10.2010 (subpara. 7.3.6), which consistently demanded that the status of the legal profession be protected at the legislative level and that a professional bar association be established.
In fulfillment of these obligations, a draft law was prepared that provided for the establishment of the Ukrainian National Bar Association as an independent unified professional organization of lawyers. At the same time, the Venice Commission's opinion emphasized that membership in the UNBA should be mandatory for all Ukrainian lawyers. The Venice Commission did not recommend a dual level of membership, although the system of bar self-government bodies envisaged national and regional bodies.
Among the important provisions implemented in the final text, L. Izovitova mentioned the expansion of the types of advocacy, consolidation of professional rights and guarantees of advocacy, definition of the content of the attorney-client privilege and the legal mechanism for its protection, creation and functioning of the Unified Register of Advocates of Ukraine. It also prohibited any influence on the advocate and interference in his or her professional activities.
Therefore, the Law on the Bar and Practice of Law adopted on July 5, 2012, was one of the laws that allowed Ukraine to sign the Association Agreement with the European Union in 2014. After all, it embodied European standards of legal profession and bar self-government, and with its adoption Ukraine fulfilled its international obligations to the Council of Europe.
Subsequently, the constitutional amendments of 2016 (Law No. 1401-VIII «On Amendments to the Constitution of Ukraine on Justice») strengthened the status of the Bar. In particular, it is enshrined that in order to provide professional legal aid in Ukraine, the Bar operates, and its independence is guaranteed. The principles of organization and operation of the Bar and the practice of law in Ukraine are determined by law.
In this regard, the recent Shadow Report to the Justice and Fundamental Rights section of the European Commission's Report on Ukraine, prepared by the Coalition of Civil Society Organizations, looks somewhat strange. It criticizes the situation, effectively nullifying the achievements of all the reforms of the bar.
Therefore, if we assume that the current Law «On the Bar and Practice of Law» does not meet European standards, then it turns out that the 17-year monitoring of Ukraine's fulfillment of its international obligations in the area of the bar, as well as the adoption of the law itself and the subsequent signing of the Association Agreement, is nothing more than a deception of our international partners. Or perhaps European experts did not check Ukraine's fulfillment of its international obligations before signing the Association Agreement? This is hard to imagine, given the attention and time they devoted to the project up to its adoption.
Today, Ukraine is striving to become a member of the European Union as soon as possible. And we are bringing our legislation in line with European standards. And we claim that the Law «On the Bar and Practice of Law» has already been reviewed for compliance with European standards. We have a proof - the signing of the Association Agreement.
Then what is the shadow report, for which, as they say, considerable funds were allocated, but which does not provide any meaningful basis for reforming the bar? This is a claim by a group of people that the 2012 bar reform did not take place.
Perhaps it is aimed at destroying Ukraine's achievements in order to prove that it is too early for Ukraine to join the European Union? It is obvious that the document is not professional in its content and in its formulation of the problem. It looks too provocative, as it contains narratives aimed at weakening the institution of the bar.
L. Izovitova also emphasized that any developing institution requires certain legislative improvements. And the Ukrainian Bar is ready for positive changes that are prompted by the life and activities of lawyers and self-governing organizations. But under any circumstances, Ukraine should have a strong bar, which is the first line of defense of human rights in any country where the rule of law is in force.
Popular news
Legislation
Advocates have warned that the draft Labor Code would curtail workers' protections
Certain provisions of the draft Labor Code of Ukraine regarding collective labor disputes undermine labor protections and do not comply with constitutional and international standards.
Educational events
The right of minors to marry: how judicial oversight works
The issue of granting minors the right to marry lies at the intersection of family law, child protection, and judicial discretion. The UNBA Committee on family law dedicated a webinar held on March 30 to this very topic.
Interaction
The UNBA and the Coordination headquarters have agreed to cooperate in assisting those released from captivity
Servicemen released from captivity, family members of prisoners of war, civilians deprived of their personal liberty as a result of armed aggression, as well as persons missing in connection with the war, will gain additional opportunities to access legal assistance and protect their rights.
Self-government
BCU: The HCJ’s decisions undermine the constitutional guarantees of the independence of the advocacy profession
The Bar Council of Ukraine has concluded that, in its recent decisions, the High Council of Justice has, without legal grounds, called into question the right of bar self-governing bodies to protect the guarantees of legal practice and has, in effect, attempted to grant one of its members — who retains the status of an advocate — special immunity from the Rules of professional conduct and disciplinary responsibility.
Announcements
The Bar Council of Ukraine begins its meeting
Today, April 2, a meeting of the Bar Council of Ukraine is taking place in Kyiv. On the agenda are issues related to the activities of bar self-governing bodies, consideration of a decision by the High Council of Justice, a number of appeals, as well as a discussion of the current state and pressing issues regarding the functioning of the legal aid system.
Interaction
The UNBA and the National Guard have agreed to cooperate on legal protection for military personnel
Servicemembers of the National Guard, their family members, and veterans are to receive additional legal tools to protect their rights, while the National Guard’s legal services will receive methodological and expert support.
Interaction
Protecting the rights of service members: The UNBA and the Military Ombudsman have agreed on cooperation
Servicemembers, reservists, conscripts during training exercises, members of local community volunteer units, and other individuals covered by the Law «On the Military Ombudsman» should have better access to professional legal assistance.
Discussion
New Labor Code: advocates highlight the strengths and risks of the draft
The draft Labor Code contains a number of progressive provisions aimed at modernizing labor legislation: digitizing procedures, expanding forms of employment, and increasing transparency in wage payments. At the same time, certain systemic issues require further refinement.
Publications
Volodymyr Matsko Extradition during wartime: when the risks outweigh the request
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