The Verkhovna Rada proposes to grant lawyers a deferral from the draft (criteria)

Advocacy
11:58 Tue 24.12.24 763 Reviews
Print

The mobilization of lawyers has devastating consequences for the system of professional legal aid, as it violates the legal rights and interests of hundreds of thousands of citizens and legal entities to whom male lawyers provide professional legal aid.

This was drawn to the attention of MPs who prepared and submitted to the Verkhovna Rada the draft Law No. 12348 of 19.12.2024 «On Amendments to Article 23 of the Law of Ukraine «On Mobilization Preparation and Mobilization» regarding the provision of deferral from military service during mobilization to lawyers».

The document proposes to include attorneys in the list of persons entitled to deferment of military service during mobilization.

After discussions with the bar community, the authors of the initiative came to the conclusion that in order to more accurately determine the persons entitled to deferment from mobilization, certain criteria should be used, namely:

1) continuous experience in the practice of law for 10 years or more,

2) absence of arrears in payment of contributions to ensure the implementation of the bar self-government,

3) no information on bringing them to disciplinary responsibility for committing disciplinary offenses,

4) the right to practice law has not been terminated or suspended in accordance with the information in the Unified Register of Advocates of Ukraine (must be documented by a certificate of the Bar Council, where the advocate is registered).

It is noted that at the legislative level, the state has provided for the reservation of persons liable for military service who work or serve in the National Police, the National Anti-Corruption Bureau, the State Bureau of Investigation, the prosecutor's office, the State Criminal Executive Service, the Judicial Protection Service, courts, justice system institutions and pre-trial investigation bodies, and has granted a deferral to judges, judges of the Constitutional Court, members of the High Council of Justice, members of the High Qualification Commission of Judges, heads of the disciplinary service, and other persons liable for military service. This, in fact, jeopardizes the proper functioning of one of the branches of power.

Since the beginning of the full-scale invasion of Ukraine by the Russian Federation, the Ukrainian National Bar Association has been considering numerous appeals from lawyers regarding violations of professional rights and guarantees of the bar by employees of the TCC and the SS, interference with professional activities, illegal deprivation of liberty, and seizure of personal belongings, including those containing attorney-client privilege, in connection with the exercise of professional legal services. Violations of the rights of lawyers in the course of their practice of law cannot be justified by martial law. The systematic nature of such violations will inevitably lead to a violation of the fundamental principle of law - the rule of law.

The authors of the initiative also refer to the data of the National Bar Association of Ukraine, according to which the number of all military-obliged lawyers (male) who may be subject to mobilization, without having grounds for deferral or reservation, does not exceed 15 thousand.

Popular news

A translation of the report on advocacy presented to the European Parliament has been published

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.

16:54 Mon 23.02.26 121
How to formalize discharge from military service: practical workshop

Legal defence of military personnel

How to formalize discharge from military service: practical workshop

The issue of discharge from military service remains one of the most pressing and complex for Ukrainian defenders and their families. Due to constant changes in legislation, military personnel often face refusals to discharge them from service or even to consider their reports.

14:51 Mon 23.02.26 102
The Verkhovna Rada Committee criticized the format of the government working group on advocacy

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.

17:48 Fri 20.02.26 128
The BCU demands a review of the composition of the government working group on reforming the advocacy profession

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.

18:42 Thu 19.02.26 154
The President has determined, who will sign the Convention for the Protection of the Profession of Lawyer

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.

18:21 Wed 18.02.26 117
Why lowering the age of marriage lacks legal logic

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.

15:03 Wed 11.02.26 403
Open dialogue between the UNBA and the European Commission on the path to EU

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.

18:41 Fri 06.02.26 158
A report on Ukrainian advocacy was presented in the European Parliament

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?

15:28 Fri 06.02.26 391

Надішліть файл із текстом публікації у форматі *.doc, фотографію за тематикою у розмірі 640х400 та Ваше фото.

Оберіть файл