Note on History and Current Structure of the Ukrainian Legal Profession

In the Soviet times the Bar in Ukraine (then Ukrainian Soviet Socialist Republic) was formally an independent structure, which comprised regional (27) "collegiums" of advocates, which in fact were controlled in many ways by Ministry of Justice. Access to the profession was artificially limited by the prescribed maximum number of members of each "collegium". No such thing as Bar exams existed. Actually, one could get into profession mostly on precondition of "telephone support" from the Ministry of Justice. There were no ways an advocate could practice on his own. The collegiums divided into subregional law firms - so called "legal consultative offices" - which were the only possible forms of organization of legal practice.
This rigid and inflexible structure did not meet the growing urge for more freedom in exercising profession, which became widely spread during "Perestroyka".

- In 1990 the Union of Advocates of Ukraine - the voluntary social organization of advocates - has been created as a result of a powerful urge of the majority of advocates for democratic changes in their profession.
Major aims underlying the establishment of the Union included the nation-wide unition of Ukrainian advocates; organization of their efforts in order to promote the role and authority of the Bar in this society and the state, promotion of true independence and self-regulation of the Bar; promotion of the democratic and law-based state building in Ukraine; encouraging new forms of advocate`s practice; improving the level of legal assistance rendered to citizens, institutions and organizations; protection of legal interests of Union members.
For the most of the above goals the legislation was to be changed. That`s why one of the first actions of the UAU was the initiation in the Parliament (the Supreme Rada) of the new "Law of the Bar", which was actually adopted on September 19, 1992 with certain compromising changes, made by the members of the Parliament.
In fact, the Law implemented the democratic reform of the Bar, and its actual independence from the Ministry of Justice was achieved. The Law provided for various forms of advocate`s practice (including individual practice), introduced the examination basis for obtaining the right to practice advocacy, established an independent system of qualification-disciplinary commissions of the Bar, significantly extended the rights of advocates and guarantees of the freedom of exercise of their profession from any outer pressure.
However, it should be understood, that the term "the Bar" at that stage meant the totality of advocates; Bar organization as such did not exist. Advocates, once they passed the bar exam and took the Oath of an advocate were free to practice on their own or to get into sort of partnerships with other advocates (in the Law in this respect the term "units of advocates" is used). Some of such units consist of couple of advocates; some (reorganized from the former "collegiums" of advocates) - unite several hundreds of advocates. However, they have no functions similar to the Bar organizations worldwide and are simply law firms.
The general functions - like organizing bar exams and disciplining advocates are vested in the qualifying-disciplinary commissions of the Bar. Others - like defense of the professional rights of advocates, working out rules of advocate's ethics, representation of the profession in relation with state bodies, participation in the legislative process, continuous legal education, etc. so far are being carried out voluntarily by the Union of advocates on the scale which it can cope with.

- That's why in 1995 the Union of advocates of Ukraine through the Ministry of Justice of Ukraine had initiated in the Parliament (Supreme Rada) the Draft of changes and additions to the Law of Ukraine "On the Bar", which would provide for the further strengthening of the advocacy on the basis of independence, gained in 1992. The main provisions of the draft law provided for creation in Ukraine of the Professional Bar organization.

- The draft of the law passed in 1995-1996 number of expert studies (by IBA and experts of the Council of Europe) and was assessed favorably. At that time the President of IBA Ross Harper addressed a letter of support of the above law to the Head of the Parliament of Ukraine.

- However, under numerous pretexts the above draft law was artificially "frozen" in the Parliament.

- In 1996 when Ukraine was granted the membership in the Council of Europe the Ukrainian government undertook among others an obligation to provide for the establishment of professional Bar association.
Nevertheless, ever since the situation did not change and this obligation remained ignored, as well as the UAU`s draft of changes to the Law on the Bar.

- In 1996, 1997, 1999 the UAU jointly with the Directorate General on legal affairs of the Council of Europe held a series of seminars dedicated to the necessity of the creation of the Bar association in Ukraine. Recommendations and conclusions of these seminars, although widely published, - were once more ignored.

- In 1999 (only when the President of the Union of advocates Mr. Medvedchuk became the First Deputy Chairman of the Parliament of Ukraine) the UAU`s draft of "Changes and additions to the Law of Ukraine "On the Bar"" was revitalized and restarted its way through the Parliamentary bureaucracy, however there were forces in the Parliament, which strongly oppose the idea of strengthening the independence of the Bar in Ukraine, which would be provided, if the draft becomes a law. That's why the Parliamentary committee on legal policy did not recommend the draft for adoption.

- The new version of the draft was again presented to the Parliament on 13 of May of 2003.

Press-service of the UAU