European integration and advocacy: development of the institution through constructive dialogue
Today, unfortunately, there are many pseudo-experts who are confidently undertaking to reform the institution of the bar. At the same time, they are unwilling to study the issue from the inside and deliberately ignore the disastrous consequences of their initiatives for the country.
This was emphasized by Lidiya Izovitova, the President of the Ukrainian National Bar Association and the Bar Council of Ukraine, during a regular meeting of the Bar Council, which is taking place today, December 13, in Lviv region.
We must remember that the Law on the Bar and Practice of Law, adopted in 2012, was one of the laws that allowed us to sign the Association Agreement with the European Union. Our current law embodies the European standards of legal profession and bar self-government. And with its adoption, Ukraine fulfilled its international obligations to the Council of Europe.
The President of the UNBA thanked her colleagues who publicly defend the independence of the Bar and ensure its evolutionary development.
L. Izovitova noted the speech of the Vice Prime Minister for European and Euro-Atlantic Integration of Ukraine, Minister of Justice Olga Stefanishyna in the Verkhovna Rada, when she emphasized the need to establish cooperation between the Ministry and the legal community.
Another important message she delivered was that the rule of law roadmaps being prepared as part of Ukraine's EU accession negotiations should include the abandonment of competitions and the appointment of positions based on integrity assessments by international experts as a sign that Ukraine has built a stable, strong, democratic system of state institutions.
In this regard, it is important that on April 6, 2025, the Bar Council of Ukraine becomes a subject of the formation of a competition commission, which is formed to hold a competition for the position of a member of the High Qualification Commission of Judges of Ukraine and to form a list of candidates for the position of a member of the HQCJ. Today, taking into account the transitional provisions of the Law «On the Judiciary and the Status of Judges», this commission is formed and operates with the participation of international experts.
Popular news
Legislation
A bill implementing the Convention on the Protection of the Professions of Lawyer has been introduced
The constitutional guarantees of legal aid, defense, and the independence of advocacy cannot be realized without protecting advocates from unwarranted interference in their professional activities, including searches, the seizure of professional materials and the use of criminal procedural mechanisms to exert pressure.
Abroad
The CCBE is discussing European justice and issues related to the protection of advocates
Today, October 2, a meeting of the Standing Committee of the Council of Bars and Law Societies of Europe (CCBE) is taking place in Brussels. On the agenda are the protection of the advocate profession, the rule of law, attorney-client privilege, and changes in the European justice system.
Rule of Law Roadmap
The UNBA presented the key provisions of the future law on advocacy in Brussels
The Ukrainian National Bar Association presented its proposals for the upcoming law on advocacy, aligned with the Rule of Law Roadmap. The presentation covered topics such as access to the profession, self-governance, disciplinary procedures, professional development and guarantees for the practice of advocacy.
Educational events
Advocates were taught to voice their complaints without making accusations
In a difficult conversation, it’s easy to confuse facts with opinions, feelings with accusations, and requests with demands. How can you express dissatisfaction, explain your own needs, and propose a specific solution while still allowing your conversation partner the opportunity to refuse or suggest an alternative?
Guarantees of the practice of law
Search of an advocate's office after client's acquittal: criminal complaint filed
In Kyiv, law enforcement officers conducted a search of the home of an advocate who had defended a client acquitted by the court and seized materials from the advocate’s case file. The proceedings were initiated shortly after the acquittal, even though the document they were searching for was already included in the court case file.
Guarantees of the practice of law
The paradoxes of urgency: is it possible to investigate a crime before it is committed?
On September 24 in Kyiv, National Police officers detained an advocate during an emergency search, having caught him in the act of committing a crime. At the time, the pretrial investigation in this case had already been ongoing for more than four months.
Guarantees of the practice of law
A side effect of the video conference: the judge mistook the sound of a chair for the advocate's response
Technology also has its downsides. The High Council of Justice acquitted a judge who failed to hear the advocates during court proceedings in a civil case. One of the arguments presented to the disciplinary body was poor connectivity, the risks of which are borne by the participants.
Guarantees of the practice of law
Unrestricted access to advocates' accounts poses a risk of client data disclosure — BCU
Information regarding transactions in the bank accounts of an advocate, a law firm, or a bar association from which clients can be identified, as well as the fact and subject matter of a request for legal assistance, the purpose of payments, and the amount of the fee constitutes attorney-client privilege. This rule applies regardless of whether the information also constitutes banking information and is in the possession of a bank.
Publications
Vasyl Kolishnyi, «Law and Business» Supporting mental health should become part of the professional culture of the Bar, - H. Udovenko
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
