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11:14 Thu 08.10.26 |
Roadmap calls for open elections in the advocacy sector: the UNBA proposes four criteria for candidate integrity |
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Transparent and open procedures for forming bar self-governing bodies are one of the requirements of the Rule of Law Roadmap on Ukraine’s path to the EU. After studying the practices of European advocacy associations, the UNBA working group proposes the following solution: candidates should be screened based on four criteria using data from bar registries, while the advocate’s views and legal positions in client cases should not be evaluated. This approach was presented by the Vice President of the UNBA, BCU Valentin Gvozdiy during the roundtable discussion «Bar reform on Ukraine’s path to the EU: progress in implementing the Rule of Law Roadmap», which took place in Brussels with the participation of members of the Ukrainian Parliament and representatives of the bar associations of EU member states. At the event, the UNBA presented the findings of the Working Group on the Implementation of the Roadmap regarding the draft of the new version of the Law «On the advocacy and the practice of law». According to V. Gvozdiy, it is proposed that before voting, each candidate for positions in bar self-governing bodies be screened against four criteria:
«There are four criteria, and they are all set forth in the law. A commission composed of delegates who are not themselves running for office conducts the screening — based on data from the unified electronic advocacy system, not on personal impressions. The candidate has the right to provide an explanation. The conclusion is announced to the delegates without any advice on whom to vote for», - explained V. Gvozdiy. He emphasized that an advocate is not a holder of public authority; therefore, there is no requirement to submit integrity declarations — neither to the state nor to local government bodies — and an integrity check must not be transformed into an assessment of an advocate’s political loyalty, worldview or professional stance. The President of the UNBA, BCU Lidiya Izovitova emphasized that integrity criteria for advocates cannot simply replicate those for judges, prosecutors, or other civil servants. In presenting the concept for establishing disciplinary bodies, she supported the comprehensiveness of the four proposed criteria. She also stressed that integrity checks should not become a tool for exerting pressure; therefore, a candidate’s views, legal positions, or participation in professional discourse will not be evaluated. Deputy chairman of the Verkhovna Rada Committee on legal policy Ivan Kalaur, who is a member of the Working Group, spoke favorably of the proposed criteria and highlighted the role of the unified electronic advocacy system: it allows for obtaining up-to-date information about a candidate immediately before the vote, so the vetting is based on documented facts rather than on statements or reputation. As a reminder, the Rule of Law Roadmap, approved by Decree No. 475-r of the Cabinet of Ministers dated May 14, 2025, provides for the development and adoption in the fourth quarter of 2026 of a law to improve the legal regulation of the legal profession, bringing legislation on advocacy and acts of bar self-governance into line with European standards. The Ministry of Justice, the Verkhovna Rada and the UNBA have been designated as co-implementers of this measure. The UNBA’s working group on implementing the Roadmap, which was established by Decision No. 125 of the BCU dated December 12, 2025, with the participation of members of parliament who are members of the Committee on Legal Policy, is today finalizing work on the draft. Consultations are ongoing with the CCBE and the advocacy associations of EU member states regarding specific sections. The final draft of the text must be approved by the working group before the bill is submitted to parliament. |
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