BRIEF INFORMATION ON THE UNION OF ADVOCATES OF UKRAINE

Address:  23B, Velyka Vasylkivska Street , 01004 Kyiv, Ukraine
tel: +380 (44) 239 72 86,  fax: +380 (44) 278 38 87
e-mail: [email protected]

The Union of Advocates of Ukraine was established in 1990 at the Constituent Assembly at the initiative of Ukrainian advocates. The Union is a voluntary, independent, self-governed civic all-Ukrainian organization of Ukrainian advocates.

Its status is such of an NGO governed by the Law "On non-governmental organizations in Ukraine".

From the structural point of view the Union of Advocates' basis consists of its chapters established in the Autonomous Republic of Crimea, all oblasts of Ukraine, Kyiv and Sevastopol Cities. Chapters of the Union are independent legal entities. The governing bodies of the Union include the following: the Congress (the highest governing body), the Council, and the Board, its highest controlling body is the Auditing Commission. The Union has its permanent profile commissions, Secretariat, Research Institute of the Bar, and it can have other structural bodies set up to promote purposes and objectives of the Union (an example - the Consultative Bureau on Human rights of the UAU). At the 6th Congress of the Union of Advocates (2006), Mrs. Tetyana Varfolomeyeva was elected the President of the Union, Olga Zhukovska, Lidia Izovitova, Petro Boyko, Pavlo Lutsuk, Stanislav Bashenko, Volodymyr Zubarev, Victor Kovorotnyi, Valeriy Terlych, Yosyp Bronz were elected Vice-Presidents, and Natalia Rudnytska was elected the Head of the Auditing Commission; the Council was elected from representatives of all the regional chapters plus one representative of each region; heads of commissions were elected including the law drafting commission, professional ethics commission; professional skills commission; commission for the protection of legal interests of members of the Union of Advocates; social welfare commission; commission for the study of the history of the Ukrainian Bar, and membership of these commissions was determined.

Brief background information
Major aims underlying the establishment of the Union included the nation-wide unification of Ukrainian advocates; organization of their efforts in order to promote the role and authority of the Bar in this society and the state, promotion of true independence and self-regulation of the Bar; promotion of the democratic and law-based state building in Ukraine; encouraging new forms of advocate's practice; improving the level of legal assistance rendered to citizens, institutions and organizations; protection of legal interests of Union members.

In 16 years of its existence, the Union achieved a lot in implementing the above objectives. In 1991 the Union initiated a new Law "On the Bar" (adopted in 1992 by the Verkhovna Rada (Parliament) of Ukraine). In fact, the Law implemented the democratic reform of the Bar, and its actual independence from the Ministry of Justice was achieved. The Law provided for various forms of advocate`s practice (including individual practice), introduced the examination basis for obtaining the right to engage in advocate's activities, established an independent system of qualification and disciplinary commissions of the Bar, significantly extended the rights of advocates.

The Union of Advocates had carried out the actual establishment of the Supreme Qualification Commission of the Bar and the system of independent regional qualifying-disciplinary commissions of the Bar and under the Law "On the Bar" has its representatives in the above commissions.

Since its establishment, the Union always actively influenced the legislative process in Ukraine: in particular, it promoted amendments to the Criminal Procedure Code, which significantly expanded the right to defense and provided for the participation of a defense counsel at the most early procedural stages, etc.; prepared proposals with regard to many laws pending adoption, provided opinions on draft laws, including the Draft Constitution of Ukraine; engaged in drafting codes; participated in the Judicial and Legal Reform Commission. The Union lead the campaign of the legal community against a notorious Law of Ukraine "On Preventive Detention of Person" which was eventually repealed. Vice-presidents of the Union T.Varfolomeyeva (now President) and O.Zhukovska promoted legislative ideas of the Union acting as an advisor and a consultant for the permanent commission of the Verkhovna Rada of Ukraine on legal policy, judicial and legal reform.

The Union of Advocates makes persistent efforts to protect professional and social rights of advocates in various ways: from petitions and applications addressed to leaders of the State and particular agencies to a national strike of advocates (in 1993).

The Union is engaged in continuous legal education of advocates, organizes workshops, round tables and conferences (including international conferences organized with the assistance of the Council of Europe). The Academy of Advocacy (co-founded by the Union of Advocates) has a Center for Continuous Legal Education. In cooperation with this Center, the Union implements different educational programs for advocates.

In 1996–1998 the Union drafted the Code of professional ethics for advocates, which was evaluated and supported by experts of the Council of Europe, American Bar Association, etc. and approved in 1999 by the Supreme Qualifying Commission of the Bar of Ukraine

Through its Research Institute, the Union is engaged in academic research on issues of the Bar, human rights, current problems of civil and criminal law. The Union is active not only in the above area but also in a wide public awareness campaign through mass media.

As part of its activities, the Union studies the history of the Ukrainian Bar. The first fundamental research on the Ukrainian Bar has already been published in Ukraine. Now the Union initiated the publication of a voluminous series "The Bar" which already includes publications of selected speeches by the best Ukrainian advocates, History of the Ukrainian Advocacy, etc.
However, the current status of the Bar is certainly of major concern to the Union. Therefore, the Union initiated various efforts to reform the Ukrainian Bar. It has drafted a Law »On Amending the Law of Ukraine "On the Bar"« which was evaluated and supported by experts of the International Bar Association and the CE. The Union participates in drafting legislative proposals to the Draft Law "On Free Legal Aid", it drafted amendments to the Regulations on the Supreme Qualification Commission of the Bar and the qualification and disciplinary commissions of the Bar; for almost 8 years, it is actively lobbying the establishment of the national professional association of advocates (including submission of legislative proposals); it participates in discussing all initiatives of state authorities with regard to the reform o the Bar, defends its independence principally and uncompromisingly. Currently it lobbies the new version of the draft of changes to the haw on the Bar (advocacy prepared by the UAU and submitted by the member of the Parliament A. Demyoshin and opposes the alternative draft submitted by another member of the Parliament S.Sobolev, as well as campaign against the new draft of the Criminal procedural Code).

The Union of Advocates has established a Journal "The Advocate" (1996) (the first Ukrainian periodical of this kind), and the broadcasting, company "Alternatyva". The Union of Advocates of Ukraine (together with the Kyiv National University) is the co-founder of the first specialized higher education institution in Ukraine which trains advocates - "the Academy of Advocacy at the Kyiv National Shevchenko University" (1995).

In a wider aspect, together with the professional problems of advocates, the Union is engaged in protecting human rights, producing opinions on draft laws which may potentially cause violations of human rights, training advocates to employ international remedies for the protection of human rights, disseminating information on important legal problems in easy and accessible form for the people through the Journal "Advocate", broadcasting company "Alternatyva", etc, setting up stations of pro bono legal aid for the poorest sectors of populations, etc.

Currently, it has established a specialized legal Consultative Bureau on Human Rights of the Union of Advocates for citizens who want to apply to the European Court of Human Rights.

The Union of Advocates tops the rating list of non-governmental organizations in Ukraine.

Within the today's structure of the Ukrainian Bar, which consists of individually practicing advocates and units of advocates (firms, offices, collegiums, etc.) which are not united into a single professional organization, the Union of Advocates, irrespective of its status as described above, is the only organization of advocates on the national scale in Ukraine and the only organization of advocates which represents the Bar in its relations with the legislature and the executive, deals with the general problems of the Bar and other related problems such as the limits of the right to defense, accessibility of legal assistance, etc.
Union of advocates effectively represents the advocacy of Ukraine in relations with the foreign Bars, international associations of  advocates and international institutions. Since 1994 it is member of IBA, in 2002 it was granted a status of the observant member of CCBE. Productive relationship have been established between Union of advocates and several General Departments of the Council of Europe.

Press-service of the UAU