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V. Kondratenko, Ph.D., Assistant Professor
The Kirovohrad Volodymyr Vynnychenko State Pedagogical University,Ukraine
System of the bar self-government bodies in Ukraine
The legal basis for the legal profession in Ukraine is the Constitution of
Ukraine [1], Article 59 of
which stipulates that the right to defense against charges and to legal
assistance in the court cases and in other State bodies in Ukraine is ensured
by the bar. The Law of Ukraine “On the Bar and Practice of Law” [2], which was adopted on 5 July 2012, determines legal
principles of organization and operation of the bar and of practice of law in
Ukraine. The law provides that the bar of Ukraine is a public, self-government
institution which ensures provision of legal defense, representation and other
types of legal services on professional basis and independently resolves issues
of organization and operation of the bar of Ukraine.
The bar self-government operates for the purpose of ensuring proper
practicing of law, compliance with the professional guarantees, protection of
advocates’ professional rights, ensuring high level of professionalism of
advocates and resolution of the issues associated with the disciplinary
liability of advocates. Article
54 of the Law of Ukraine “On the Bar and Practice of Law” determines that the
highest body of the bar self-government in Ukraine is the congress of advocates
of Ukraine, which is convened by the Bar Council of Ukraine at least once every
three years, or at the request of at least one-tenth of the total number of
advocates included in the Single Register of Advocates of Ukraine.
The congress of advocates of Ukraine: elects a chairman and deputy chairmen of the Bar
Council of Ukraine, a chairman and deputy chairmen of the Higher Qualification
and Disciplinary Commission of the Bar, a chairman and deputy chairmen of the
Higher Audit Commission of the Bar, and early recalls them from their
positions; approves the statute of the Ukrainian
National Bar Association and makes amendments to it; approves the rules of professional conduct of
advocates; approves a regulation on the Bar Council
of Ukraine, regulation on the Higher Qualification and Disciplinary Commission
of the Bar, regulation on the Higher Audit Commission of the Bar; examines and
approves reports made by the Bar Council of Ukraine, the Higher Qualification
and Disciplinary Commission of the Bar, as well as reports made by the Higher
Audit Commission of the Bar; appoints three members of the High Council of Justice; performs other functions in accordance with the Law
“On the Bar and Practice of Law”.
In accordance with Article 55 of the Law of Ukraine
“On the Bar and Practice of Law”, the Bar Council of Ukraine performs the
functions of the bar self-government during the period between congresses of
advocates of Ukraine. The powers of the Bar Council of Ukraine and the
procedure for its work are determined by the above Law and approved by the
congress of advocates of Ukraine.
The Bar Council of Ukraine: draws up the agenda for, provides
convocation and conduct of, the congress of advocates of Ukraine; determines the
representational quota, the procedure for the appointment and election of
delegates of a conference of advocates of a region, the congress of advocates
of Ukraine; ensures
compliance with the decisions of the congress of advocates of Ukraine; determines the
amount of, and procedure for, the payment of advocates’ annual contributions
for ensuring the functioning of the bar self-government, manages distribution
and use of the contributions; facilitates the functioning of the regional bar
councils, coordinates their operation; facilitates the ensuring of guarantees of
practice of law, protection of professional and social rights of advocates determines the
official printed medium of the Ukrainian National Bar Association; maintains the
official website of the Ukrainian National Bar Association; performs other
functions in accordance with the Law on the Bar and decisions of the congress
of advocates of Ukraine [3].
The Higher Qualification and Disciplinary Commission
of the Bar is a collegial body whose task is to examine complaints against the
decisions, actions or omissions of the qualification and disciplinary
commissions of the bar. It is controlled by, and accountable to, the congress
of advocates of Ukraine and the Bar Council of Ukraine. The Higher Qualification and Disciplinary
Commission of the Bar: examines complaints against the decisions, actions or
omissions of the qualification and disciplinary commissions of the bar; generalizes the
disciplinary practice of the qualification and disciplinary commissions of the
bar; performs
other functions in accordance with the Law on the Bar.
In accordance with Article 47 of the Law of Ukraine
“On the Bar and Practice of Law”, a conference of advocates of a region whose
work place addresses are located in the Autonomous Republic of Crimea, region,
cities of Kyiv and Sevastopol, and who are entered into the Single Register of
Advocates of Ukraine, is the higher body of the bar self-government in the
Autonomous Republic of Crimea, regions, cities of Kyiv and Sevastopol
respectively.
The representational quota and the procedure for the
nomination and election of delegates to the conference of advocates of a region
are approved by the Bar Council of Ukraine. A conference of advocates of a
region is convened by a regional bar council no less than once a year. A
conference may also be convened upon the proposal of at least one-tenth of all
advocates of a region whose work place addresses are located in the respective
region, or upon the proposal of the Bar Council of Ukraine.
A conference of advocates of a region performs the
following functions:
election of a chairman and members of a regional bar council, their
early recall; election
of delegates to the congress of advocates of Ukraine; election of a representative of the
advocates of a region to the Bar Council of Ukraine and the Higher
Qualification and Disciplinary Commission of the Bar, their early recall; determination of
the number of members of qualification and disciplinary chambers of a
qualification and disciplinary commission of the bar, election of a chairman
and members of the qualification and disciplinary commission of the bar; election of a chairman
and members of a regional audit commission of the bar, their early recall; approval of the
manning table and the budget of a regional bar council and a qualification and
disciplinary commission of the bar; examination of a report of a regional bar
council, qualification and disciplinary commission of the bar; adoption of other
decisions in accordance with the Law on the Bar.
Article 48 of the Law of Ukraine “On the
Bar and Practice of Law” provides that a regional bar council performs the
functions of the bar self-government in a respective region during the period
between the conferences of advocates of a region.
A regional bar council is controlled by,
and accountable to, the conference of advocates of a region. A regional bar
council performs the following functions: represents the advocates of a region;
draws up the agenda for, convenes and ensures holding of, a conference of
advocates of a region; ensures compliance with the decisions of a conference of
advocates of a region, and controls the compliance with them; provides
informational and methodological support to the advocates of a region,
facilitates their continuing professional development; administers the
procedure for taking the oath of advocates of Ukraine; facilitates the
observance of the advocates’ professional guarantees, protection of
professional and social rights of advocates; manages funds and property pursuant
to the approved budget; forms a commission for the assessment of quality,
completeness and timeliness of provision by advocates of legal aid; performs
other functions in accordance with the Law on the Bar, decisions of a
conference of advocates of a region, the Bar Council of Ukraine and the
congress of advocates of Ukraine.
A regional bar council is a legal entity.
The powers and procedure for the operation of a regional bar council are
determined by the Law on the Bar and by the regulation on a regional bar
council. A regulation on a regional bar council approved by the Bar Council of
Ukraine is the statutory document of a regional bar council.
References:
1. Constitution of
Ukraine, 28.06.1996 // Bulletin of the
Verkhovna Rada.
– 1996. – No. 30. – P. 141.
2. On the Bar and Practice of Law : Law of Ukraine, 05.07.2012 ¹
5076-VI // Bulletin of the Verkhovna Rada. – 2013.
– No. 27. – P. 282.
3. The Ukrainian
National Bar Association : Official website // [Electronic resource]. – Access
mode: http://en.unba.org.ua.