Ukrainian Na­tional Bar As­so­ci­a­tion: HEAD­ING FOR DEVEL­OP­MENT

Kyiv Post Legal Quarterly - - Contents -

“We have set the goal of com­bin­ing the best of tra­di­tions of the ukrainian bar, its in­tel­lec­tual and man­age­rial po­ten­tial, and bor­row­ing new prac­tices from our for­eign col­leagues .”– Val en tynGv oz diy, ViceP res­i­dent of the ukrainian na­tional Bar as­so­ci­a­tion

Bar self-reg­u­la­tion has been op­er­at­ing in ukraine since 2012. this is a com­pletely new sys­tem of re­gional and na­tional bod­ies for our coun­try, with clearly de­fined pow­ers and au­thor­i­ties that reg­u­late the pro­fes­sion, which is re­spon­si­ble for main­tain­ing high stan­dards. At the same time, this is not a ukrainian, but an in­ter­na­tional prac­tice, which in coun­tries like ger­many has a his­tory of more than 150 years. the devel­op­ment of this model was ac­cel­er­ated by the rec­om­men­da­tions of the euro­pean Union and the pace, since th­ese in­sti­tu­tions con­sid­ered the es­tab­lish­ment of an in­de­pen­dent, uni­fied pro­fes­sional bar as­so­ci­a­tion in Ukraine to be one of the key com­po­nent sofa demo­cratic and rule­based state. We have the ukrainian na­tional Bar as­so­ci­a­tion, which ac­cord­ing to the law in­cludes ab­so­lutely all ad­vo­cates that have the right to prac­tice law in our­coun­try.

Ob­vi­ously enough, we felt our first task was to re­al­ize the prin­ci­ple of the in­de­pen­dence of the le­gal pro­fes­sion. We have the au­thor­ity del­e­gated by the state to cre­ate and to ad­min­is­ter the Uni­fied Reg­is­ter of Ad­vo­cates. We have cre­ated the Uni­fied Reg­is­ter of Ad­vo­cates of Ukraine as an in­no­va­tive UNBA project, ad­her­ing to all in­for­ma­tion se­cu­rity re­quire­ments, and now it`s pub­licly ac­ces­si­ble. The URAU main­te­nance pro­ce­dure is be­ing con­stantly im­proved. Spe­cial fil­ters were de­vel­oped to find an ad­vo­cate by his/her main and job ad­dresses. In ad­di­tion, we have tech­ni­cal ca­pa­bil­i­ties that al­low us to promptly re­spond to ex­ter­nal changes and threats. For ex­am­ple, the Bar Coun­cil of Ukraine, as the URAU’S sec­ond level ad­min­is­tra­tor, took over the func­tions of the first level ad­min­is­tra­tor for the tem­po­rar­ily oc­cu­pied re­gions and the an­nexed Crimea. When we en­coun­tered a large num­ber of il­le­gal searches and seizures of ad­vo­cates’ prop­erty, we be­gan to de­velop new func­tions for our web­site. Now we plan to make a more in­for­ma­tive profile for each ad­vo­cate.

It is only the UNBA, as a reg­u­la­tor of the pro­fes­sion, which con­ducts pro­ce­dures for ac­cess to the pro­fes­sion and im­ple­ments dis­ci­plinary pro­ce­dures in re­la­tion to the ad­vo­cates. Per­son­nel ro­ta­tions in the man­age­rial staff of the bar take place through con­fer­ences and con­gresses of ad­vo­cates of Ukraine. The cur­rent UNBA lead­er­ship has won the trust of their col­leagues, and start­ing from Nov. 17 we will con­tinue work­ing for our sec­ond term. In­ter­na­tional part­ner­ship and

sup­port Since its found­ing in 2012, the UNBA has suc­cess­fully es­tab­lished a broad net­work of in­ter­na­tional re­la­tions with key part­ners, form­ing the agenda for the le­gal pro­fes­sion as such. This work is con­ducted by the Com­mit­tee on In­ter­na­tional Re­la­tions.

At the com­mit­tee’s ini­tia­tive, we have al­ready es­tab­lished 15 UNBA rep­re­sen­ta­tive of­fices abroad, help­ing us to present the Ukrainian bar to for­eign­ers, to study their for­eign prac­tices, to im­prove our own skills, to help Ukrainian cit­i­zens, and to work on the im­age of Ukraine. Re­cently, ac­cord­ing to a de­ci­sion of the Ukrainian gov­ern­ment, a Ukrainian In­sti­tute was es­tab­lished to spread in­for­ma­tion about Ukraine through­out the world. Our rep­re­sen­ta­tive of­fices aim to co­op­er­ate with sim­i­lar in­sti­tu­tions abroad.

The in­ter­na­tional ac­tiv­ity of the Ukrainian bar is en­sured in three main di­rec­tions. The first one is co­op­er­a­tion with na­tional reg­u­la­tors of the le­gal pro­fes­sion. The sec­ond one is co­op­er­a­tion with in­ter­na­tional or­ga­ni­za­tions, bring­ing to­gether rep­re­sen­ta­tives of the le­gal pro­fes­sion. And the third one is co­op­er­a­tion with the of­fi­cials and au­thor­i­ties of other states. Mem­ber­ship of in­ter­na­tional

or­ga­ni­za­tions In 2015, the UNBA be­came a mem­ber of the IBA (In­ter­na­tional Bar As­so­ci­a­tion). The mem­ber­ship in this or­ga­ni­za­tion of­fers wide op­por­tu­ni­ties for Ukrainian ad­vo­cates as re­lated to the pro­tec­tion of ad­vo­cates’ pro­fes­sional rights and guar­an­tees, sup­port from bar as­so­ci­a­tions around the world, and gain­ing the best in­ter­na­tional ex­pe­ri­ence in the le­gal pro­fes­sion. The UNBA be­came a mem­ber of the Coun­cil of Bars and Law So­ci­eties of Europe (CCBE) in 2016. The CCBE is a rec­og­nized rep­re­sen­ta­tive of the bar in re­la­tions with the EU in­sti­tu­tions, Coun­cil of Europe and in­ter­na­tional or­ga­ni­za­tions world­wide. Through its co­op­er­a­tion with the Euro­pean Par­lia­ment and Euro­pean Com­mis­sion, the or­ga­ni­za­tion has in­flu­ence on the devel­op­ment of leg­is­la­tion on the bar, crim­i­nal and cor­po­rate leg­is­la­tion; it pro­vides in­for­ma­tion on changes in pro­ce­dures for the Euro­pean Court of Jus­tice and the Euro­pean Court of Hu­man Rights. Shortly af­ter join­ing this or­ga­ni­za­tion, the UNBA con­cluded with the CCBE a Mem­o­ran­dum of Mu­tual Recog­ni­tion of the Con­tin­u­ing Pro­fes­sional Devel­op­ment of Ad­vo­cates, with the bars 40 Euro­pean coun­tries. In 2015, the UNBA signed a Mem­o­ran­dum with the Ukrainian Amer­i­can Bar As­so­ci­a­tion (UABA) and a Mem­o­ran­dum of Co­op­er­a­tion with the Bar As­so­ci­a­tion of Ge­or­gia. We have an un­der­stand­ing with the Ger­man Fed­eral Bar As­so­ci­a­tion to rec­og­nize the right of Ukrainian ad­vo­cates to prac­tice in Ger­many. The Law So­ci­ety of Eng­land and Wales granted Ukrainian ad­vo­cates with the right to take ex­ams and prac­tice as the so­lic­i­tors. Rev­o­lu­tion­ary changes to the

Rules of ad­vo­cates’ ethics The Re­port­ing and Elec­tion At­tor­ney`s Congress has ap­proved amend­ments to the Rules of ad­vo­cates’ ethics (Code of con­duct). It was nec­es­sary to elim­i­nate le­gal gaps re­lated to the pro­tec­tion of the at­tor­ney – client priv­i­lege and their re­la­tions with col­leagues, pro­vid­ing le­gal aid, in cases with clients that were dis­trib­uted through the Le­gal Aid cen­ters. The most rev­o­lu­tion­ary pro­posal for amend­ments to the Code of con­duct is the in­tro­duc­tion of sep­a­rate chap­ter reg­u­lat­ing the eth­i­cal rules for com­mu­ni­ca­tions be­tween ad­vo­cates in so­cial net­works and on the In­ter­net. New Code of con­duct for Ukrainian ad­vo­cates was adapted by the At­tor­ney`s Congress on the ba­sis of in­ter­na­tional prac­tice, namely the stan­dards of the In­ter­na­tional Bar As­so­ci­a­tion (IBA). Th­ese draft amend­ments have since been ap­proved by the Congress of ad­vo­cates, and as of to­day the new rules have en­tered into force.

Bar and re­forms The Bar is an ac­tive par­tic­i­pant in ju­di­cial re­form Al­though in­ter­na­tional stan­dards pro­vide for the manda­tory in­clu­sion of bar rep­re­sen­ta­tives into any and all dis­cus­sion of changes in the rel­e­vant leg­is­la­tion, we do not al­ways suc­ceed in de­fend­ing the voice of the le­gal pro­fes­sion in a rather com­pli­cated re­form process. We have, on the one hand, suc­cess­ful ex­am­ples, when we forced the in­tro­duc­tion of the ex­clu­sive ad­vo­cates’ right to rep­re­sent clients in courts, and this al­ready en­shrined in the Ukrainian Con­sti­tu­tion. The Ukrainian Na­tional Bar As­so­ci­a­tion gave a pos­i­tive ex­pert as­sess­ment to the Con­sti­tu­tional Court re­gard­ing the said re­form as an im­ple­men­ta­tion of rel­e­vant Euro­pean prac­tices, en­sur­ing the observance of the rights of cit­i­zens to ju­di­cial pro­tec­tion.

It is th­ese pro­duc­tive ef­forts that strengthen our rep­u­ta­tion in Europe as an ef­fec­tive pro­fes­sional or­ga­ni­za­tion with a rich his­tory.

On the other hand, quite a lot of our ef­forts go into com­bat­ing the un­jus­ti­fied state in­ter­fer­ence with the work of the bar, both at the level of leg­is­la­tion and at the level of the cur­rent ac­tiv­i­ties of the law en­force­ment bod­ies. The bar be­lieves that ju­di­cial re­form is needed; we sup­port the goals of strate­gic doc­u­ments on ju­di­cial re­form, but we will never agree to merely cos­metic change.

The Ukrainian bar, as an in­sti­tu­tion and a uni­fied or­ga­ni­za­tion, con­sis­tently holds a trans­par­ent, in­de­pen­dent, prin­ci­pled stand on the is­sues of the le­gal pro­fes­sion, hu­man rights and free­doms, and, there­fore, we will con­tinue to de­fend th­ese val­ues from any in­fringe­ments.

Va­len­tyn Gvozdiy Vi­cepres­i­dentoftheukraini­an­na­tion­al­baras­so­ci­a­tion

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