On June 20, 2013, Valentyn Zagariya, Chairman of the Higher Qualification and Disciplinary Bar Commission of Ukraine meet with Gulnora Ishankhanova, ICJ (International Commission of Jurists) Commissioner. Parties discussed burning issues of the Commission’s activities. Ms. Gulnora visited Kyiv to examine a series of disciplinary proceedings against lawyers in Ukraine. The meeting took place on the eve of the Comission’s meeting.
At the beginning, Valentyn Zagariya made an insight regarding innovations that are being actively implemented after adoption of the new Code of Criminal Procedure of Ukraine and the Law of Ukraine “On the Bar and Legal Profession”. Mr. Zagariya pointed out forms of lawyers’ activity, basic principles of organization advocate’s self-governance institutions as well as guaranties of lawyers’ protection during their practice. Chairman of the Higher Qualification and Disciplinary Bar Commission of Ukraine provided description of the procedure of advocates query and noted about administrative responsibility for those who will be breaking terms or refuse to answer advocates’ queries. Valentyn Zagariya mentioned that according to the current legislation, advocate or employees of law bureau or attorneys association can’t be interrogated regarding issues related to client-lawyer privilege. Also, according to the Law of Ukraine “On the Bar and the Legal Profession”, to guarantee client-lawyer privilege the presence of a representative of the Council of advocates of the region and court decision are obligatory during the search in the office of law bureau or attorneys association.
Chairman of the Commission shared the plan of the upcoming meeting and mentioned that agenda includes several significant cases to be considered. As the European community’s point of view is very important for the Higher Qualification and Disciplinary Bar Commission of Ukraine, Valentyn Zagariya invited Ms. Ishankhanova to visit the Commission’s hearings.
Ms. Ishankhanova appreciated meeting with Mr. Zagariya and noted that all procedures and plans of the Higher Qualification and Disciplinary Bar Commission of Ukraine matched main recommendations mentioned in the document entitled “Disciplinary action against lawyers in CIS countries: analysis of international law and standards” that was prepared after deep analysis of the current situation in the CIS countries prior to her visit.