The President of Ukraine handed over to the Verkhovna Rada a draft Law of Ukraine “On Advocacy and Legal Activity” and defined it as urgent on 06.09.2018.
The explanatory note to the draft Law of Ukraine “On Advocacy and Legal Activity ” states that due to the adoption by the Verkhovna Rada of Ukraine on June 2, 2016 of the Law of Ukraine “On Amendments to the Constitution of Ukraine (regarding justice)” and with a transition to a substantially new stage of judicial reform began the process of transformation of all the judiciary and related legal institutions. Amendments to the Constitution of Ukraine stipulate that the advocate will exclusively represent another person in court, as well as protection from criminal prosecution. The purpose of these changes is to significantly improve the quality of representation of a person in court, as well as to establish a constitutional basis for the creation of a single legal profession.
The explanatory note also states that during preparation of the draft Law of Ukraine “On Advocacy and Legal Activity”, current European standards on the organization and functioning of the Legal Activity, positive international experience, conclusions and suggestions of the experts of the European Union project “Supporting justice reforms in Ukraine” were taken into account and the Council of Europe, the proposals of leading domestic scientists, members of the Working Group on Bar Association Reforms, the Public Prosecutor’s Office formed by the Judicial Reform Council under the President of Ukraine, and all the essential recommendations of the European Commission for Democracy through Law (Venice Commission), formulated in the conclusions of October 2011 and December 2014.
The fact that the Presidential Bill “On Advocacy and Legal Activity ” (No. 9055) meets the requirements of the European Union was stated by the Special Representative of the Secretary General of the Council of Europe in Ukraine Régis Brillat on December 14, 2018 at a press conference in Kyiv.
The most significant changes were the provisions of the Criminal Procedure Code of Ukraine in 2012, as well as the rights and guarantees for advocates.
For today it is under consideration in the committees of the Ukrainian parliament. http://w1.c1rada.gov.ua/pls/zweb2/webproc4_1?pf3511=64557
We will inform you about the further consideration of the draft law.