The US has spoken out against unilateral reform of the legal profession in Ukraine
4 March 18:21
American analysts Armada Network warned against pressure from civil society activists on institutions
The American company Armada Network has published a report entitled “The National Bar Association of Ukraine (NBAU) in the Context of the Rule of Law and European Integration.” The authors of the report, among other things, criticized Ukrainian “reformist activists” and argued that pressure from civil society on institutions could harm Ukraine’s European integration and the rule of law, according to "Komersant Ukrainian", citing the text of the document.
Armada Network Managing Director Brian Mefford, presenting the report, emphasized the importance of preserving the autonomy of the bar. According to the authors, some groups of activists and civil society organizations, in an attempt to reform the system, resort to methods that border on political pressure.
In particular, the authors believe that attempts by activists to influence the personnel or structure of the UNBA from outside are contrary to European standards, where the legal profession should be as distant as possible from the state and political movements.
In addition, the report notes that the “excessive activity” of certain groups creates legal uncertainty. This may deter foreign investors, for whom the stability of the legal profession is a key indicator of asset security.
“Criticism of the UNBA by some representatives of civil society is often fragmentary and subjective, as it largely ignores the Association’s significant achievements in the digitalization of legal services (in particular, the development of the UBA and online platforms) and its critical role in protecting the professional rights of lawyers in the extremely difficult conditions of martial law,” the authors of the document note.
In general, the report directly links the stability of the UNBA with the requirements of the European Commission. According to Armada Network experts, “destroying the current structure of the bar under the pretext of reforms” could be a step backward. European institutions, in particular the Council of Bars and Law Societies of Europe (CCBE), value the independence of bar self-government bodies.
In fact, the Armada Network report shows that there is no monolithic opinion in the West regarding the “correctness” of all actions taken by anti-corruption activists. Therefore, American analysts directly call on the Ukrainian authorities and international partners to maintain a balance in the document .
“The international community and the Ukrainian authorities must adhere to a balanced approach that takes into account the need for reform, but at the same time guarantees the protection of the institutional independence of the bar from external political or public pressure, which is a prerequisite for EU accession,” the document states.
They add that “any further steps to reform the legal profession must be the result of an inclusive and balanced dialogue, rather than the result of unilateral demands by individual activist groups, so as not to set a dangerous precedent of state interference in self-governing institutions.”
We would like to remind you that at the end of January, the Cabinet of Ministers of Ukraine created a working group on reforming the legal profession, which will prepare proposals for improving legislation in the field of legal practice, as required by Ukraine’s obligations upon accession to the EU.
