The Constitutional Court examined the special status of the advocacy institution
The special constitutional status of advocacy as an independent self-governing institution means that its acts are binding only on advocates and are not equivalent to normative legal acts of general application that require official publication.
On September 18, the Constitutional Court of Ukraine held a discussion on the publication of acts of bar self-government bodies in light of Decision No. 4-r(II)/2025 of 10.09.2025 in the case of a constitutional complaint by Vyacheslav Pleskach regarding the constitutionality of part three of Article 57 of the Law «On advocacy and the practice of law».
According to this provision, decisions of bar self-government bodies take effect on the date of their adoption, unless another term is provided for in the decisions. The complaint alleged that this provision contradicts Article 57 of the Constitution (regulatory legal acts defining the rights and obligations of citizens must be brought to the attention of the population in the manner prescribed by law, otherwise they are invalid), as it allows decisions of the Bar Council of Ukraine to take effect immediately upon their adoption. This violates the constitutional right of everyone to know their rights and obligations.
During the event, the judges of the Constitutional Court presented their vision of the role of advocacy, which was key to understanding the decision.
In particular, Galina Yurovska recalled that after the amendments to the Constitution, advocacy was included in the section «Justice» alongside the courts and the prosecutor's office. This means that advocacy is not an external institution, but an integral part of the mechanism for ensuring justice. The judge also drew attention to the guarantee of the independence of advocacy. «After the changes that took place in 2016, the section «Justice» brought together the prosecutor's office, the courts, and advocacy. They are components of this mechanism, which allows citizens to protect their rights and exercise them through the courts, - noted G. Yurovska. - The advocacy operates in Ukraine to provide professional legal assistance. This is a direct provision of the Constitution. The Constitution also directly stipulates that the independence of the advocacy is guaranteed».
According to the relevant law, bar self-government is the state-guaranteed right of advocates to independently decide on the organization of advocacy's activities in accordance with the procedure established by law. «We talked about the fact that the independence of advocacy is protected by the Constitution. This is a constitutional requirement. And therefore, it is precisely in order to implement this independence that advocates decide on issues of their internal activities, - the judge emphasized. - Advocacy is a non-governmental, self-governing institution that provides defense, representation, and other types of legal assistance on a professional basis and also independently decides on issues related to the organization of advocacy's activities. Advocacy consists of all advocates in Ukraine who are authorized to practice law».
Viktor Gorodovenko joined his colleague's position, bringing the discussion into a broader European context. He recalled Article 59 of the Constitution and the positive obligation of the state to guarantee access to legal aid. «The state guarantees the participation of an advocate in the provision of professional legal aid precisely in order to ensure effective access to justice. This wording, following the constitutional changes of 2016, reflects the content, form, and direction of the advocacy's activities», - noted the Constitutional Court judge.
He referred to the position of the Council of Europe, emphasizing that without an independent advocacy, effective justice is impossible. Therefore, the independence of the profession is not just a declaration, but a fundamental condition for its self-governance. «The Consultative Council of European Judges (CCJE - an advisory body to the Committee of Ministers of the Council of Europe, ed.) adopted two fairly serious conclusions even before the 2016 constitutional changes, which combined European experience and achievements regarding the role of prosecutors and lawyers in the implementation of the rule of law, - said the judge. - Without these extremely important institutions, it is impossible to imagine high-quality, effective, rule of law-based administration of justice».
The reporting judge in the case, Oleg Pervomaisky described Constitutional Court Decision No. 4-r(II)/2025 as the first since the 2016 constitutional changes that directly concerns advocacy and supplements constitutional doctrine. He also emphasized that advocacy is a self-governing body independent of the state, and its decisions can be both individual and normative in nature, but they operate exclusively within the professional community. In his opinion, this is what distinguishes them from normative legal acts of general application, which affect the rights of all citizens. «There is an independent body of advocate self-government that is not under the state. The legislator has proposed a certain model of access for advocates (who are professionals in terms of jurisprudence) to acts adopted by their own self-government bodies, which these advocates elect», - explained O. Pervomaisky.
He also drew attention to the presumption of constitutionality of laws: parliament is not an «enemy of the Constitution» but adopts acts for its development. At the same time, the Constitutional Court must take into account the criticism of the complainants in order to ensure a high-quality constitutional analysis. In this case, according to him, it was important to find a balance between compliance with the requirements of the Basic Law and the independence of bar self-government bodies in resolving internal issues.
Therefore, all elements formed a single line: the special constitutional status of advocacy determines the legal answer to the question raised in the constitutional complaint. The acts of the Bar Council of Ukraine cannot be considered normative legal acts of general application, as they regulate only internal relations within the profession. Therefore, the requirements for the official publication of acts establishing the rights and obligations of citizens do not apply to them.
The Constitutional Court ultimately confirmed that Part 3 of Article 57 of the Law «On advocacy and the practice of law» complies with the Basic Law. This decision is final and binding. And, as the discussion of this decision showed, it must be understood precisely through the recognition of the special status of advocacy.
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