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On 21 June 2013, Higher Qualification and Disciplinary Bar Commission of Ukraine held its regular meeting. 23 members attended the event. 29 issues were on the agenda. Having considered the complaints, Commission’s members made 18 decisions.

The agenda included a number of significant cases regarding advocates’ disciplinary liability. Traditionally, the issues of advocates’ ethic were in spotlight, in particular, unacceptable conflict of interest.

Complaint on the decision of the Qualification and Disciplinary Bar Commission of Cherkaskyi region regarding disciplinary case of advocate Yaroslav Mysenko was considered as well as the Commission’s decision hold him disciplinarily responsible and imposed a disciplinary responsibility in a form of disciplinary warning. It was found out that Mr. Mysenko stood for opposite parties – plaintiff and defendant – in one case during the different periods of its consideration. This fact confirms non-compliance of the basic ethic principles of attorneys practice – unacceptable conflict of interests which is violation of the demands of the Law of Ukraine “On the Bar and Legal Profession” as well as the Code of advocate’s ethics. Due to this reason the Higher Qualification and Disciplinary Bar Commission of Ukraine canceled decision of the Qualification and Disciplinary Bar Commission of  Cherkaskyi region and concluded new decision to bring Yaroslav Mysenko to the disciplinary responsibility and implement disbar as disciplinary punishment.

The Higher Qualification and Disciplinary Bar Commission of Ukraine also considered complaints by Larysa Gerasko. The advocate provided Commission with three appeals – on actions of the Head of Higher  Qualification and Disciplinary Bar Commission of Ukraine, on violation of disciplinary proceeding by disciplinary chamber of Qualification and Disciplinary Bar Commission of Harkiv region and on commission’s decision which forced to disbar. As a result of consideration Higher Qualification and Disciplinary Bar Commission of Ukraine canceled both decisions of disciplinary chamber of  Qualification and Disciplinary Bar Commission of Harkiv region and closed disciplinary proceeding. The first appeal on actions of the Head of Higher Qualification and Disciplinary Bar Commission of Ukraine was left without consideration.

The meeting was attended by representatives of the leading legal mass media as well as Gulnora Ishankhanova, ICJ (International Commission of Jurists) Commissioner. Ms. Gulnora visited Kyiv to examine a series of disciplinary proceedings against lawyers in Ukraine. She had a meeting with Valentyn Zagariya on the eve of the Comission’s meeting. Parties discussed burning issues of the Commission’s activities.

Due to the huge number of the appeals that should have been considered Higher Qualification and Disciplinary Bar Commission of Ukraine didn’t have the opportunity to conclude decisions regarding all cases.