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

Discussion
Without the protection of advocates, there will be no fair trials in Ukraine — forum in Odesa
Identifying an advocate with their client undermines the foundations of justice, as it deprives individuals of the opportunity to exercise their right to defense, forces advocates to avoid participating in high-profile cases, and ultimately renders procedural guarantees meaningless. Without this, fair trial is impossible.

Legislation
What data is sufficient to initiate an investigation – UNBA comments on draft law No. 12439
The problem of law enforcement pressure on business remains one of the most acute for the Ukrainian economy. The lack of regulation of certain procedures in the Criminal Procedure Code leads to abuses, as a result of which entrepreneurs find themselves in a state of legal uncertainty.

Guarantees of the practice of law
The Verkhovna Rada is waiting for the Minister of Justice to take action on signing the Convention on the protection of t…
Ukraine, which was directly involved in the preparation of the world's first Council of Europe Convention on the protection of the profession of advocate, has still not signed it. There appear to be no formal objections, but no real steps have been taken towards accession either.

Abroad
Australian advocate apologizes in court for fake AI quotes
In Australia, a royal advocate apologized to a judge for submitting documents in a criminal case against a teenager accused of murder that contained fabricated quotes and non-existent court decisions generated by artificial intelligence.

Legislation
Support for the defense industry should not upset local budgets, - UNBA
It is necessary to create additional incentives for enterprises in the defense and industrial complex, while ensuring the balance of the budget system and the predictability of both revenues and expenditures of local self-government.

Legislation
UNBA warns of extreme financial risks for defense industry companies
The lack of transparent control over the activities of the Ministry of Defense as a regulator, as well as excessive sanctions for leaving the Defense City regime, create risks for defense enterprises that could lead to their bankruptcy.

Guarantees of the practice of law
BCU reports interference by a member of the High Council of Justice in the activities of a lawyer and submits officia…
The Bar Council of Ukraine, having considered the statement of advocate Oleksandr Vikhrov, established the fact of interference by Roman Maselko, a member of the High Council of Justice, in the advocacy activities, violation of attorney-client privilege, and exceeding his powers in evaluating a candidate for the position of judge.

Legislation
Consent to arrest advocates must be given by bar self-regulatory bodies
Granting the High Council of Justice the power to give consent to the detention of an advocate or to keep him in custody would be a direct interference in the activities of the Ukrainian advocacy. This contradicts the principle of independence of the advocacy guaranteed by the Constitution and laws.
Publications

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

Oleksandr DULSKY When we cross the border of the Supreme Anti-Corruption Court, we get into another department of the National Anti-Corruption…

Vadym Krasnyk The UNBA will work, and all obstacles and restrictions are only temporary inconveniences

Lydia Izovitova Interview with Lydia Izovitova on the occasion of the 8th anniversary of the founding of UNBA: We are the voice of t…