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January 18, 2013

On 18 January 2012 at the premises of Rus’ Accord Hotel in Kyiv the Higher Qualification and Disciplinary Bar Commission of Ukraine held its first public meeting. The consideration of appeals received by the Commission and adoption of relevant decisions became the main item on the agenda.

In particular, Commission considered the decision adopted by the Shevchenko district court judge in Zaporizhzhya N. Izhevska on the violation of legal ethics by attorney “B” in the criminal case hearing, namely by choosing the “wrong” defense tactics by accusing the victim and insisting on the version that has been refuted by experts.

Commission members acknowledged that the judge violated the Article 23 of the Law of Ukraine “On the Bar and the Advocacy”, which prohibits the court to make decisions and resolutions regarding the advocate’s legal position in the case. The Commission decided to appeal to the Higher Qualifications Commission of Judges to initiate disciplinary proceedings against Mrs. N. Izhevska for violation of the procedural rights and guarantees of advocacy.

The meeting also resulted in a number of changes to the Regulations of the Higher Qualification and Disciplinary Bar Commission of Ukraine directed at facilitating internal operations and implementation of the statutory goals and tasks of the Commission within its powers, including improving the quality of complaints consideration to protect the rights and interests of advocates.