News

28-11-2013

Valentyn Zagariya participated in the III East-Ukrainian Legal Forum

On November 22, 2013 Valentyn Zagariya, Head of the Higher Qualification and Disciplinary Bar Commission, Managing Partner at Spenser & Kauffmann Law Firm participated as guest speaker of the fourth session during the III East-Ukrainian Legal Forum that took place in Kharkiv. Mr. Zagariya griped the attention of the audience with report “Actual practice of the Higher Qualification and Disciplinary Bar Commission on issues of disciplinary procedure according to the new Law of Ukraine “On Bar and Advocacy”.

During the presentation were analyzed issues of advocacy self-governance institutions’ activity as well as problems of disciplinary procedure. The following issues were pointed out:

  • consideration of complains on behavior of advocates as members of bar self-governance institutions;
  • consideration of complains on actions or failure to act of regional Qualification and Disciplinary Bar Commissions from the position of the effective legislation;
  • problems of cooperation between Higher Qualification and Disciplinary Bar Commission and regional Qualification and Disciplinary Bar Commissions;
  • consideration of complains on the advocacy self-governance institutions’
  • non-mandatory notification of the complainant and advocate regarding the date / place / time of conducting Qualification and Disciplinary Bar Commission’s meeting on commencements of disciplinary proceedings;
  • self-contradictory practice of duplicating disciplinary chambers’ and Qualification and Disciplinary Bar Commissions’  decisions in case of rendering decision on termination or  disbar;
  • Qualification and Disciplinary Bar Commission’s problems which acted without approval regulation of the Bar Council of Ukraine.

In addition, Valentyn Zagariya put an emphasize on positive improvements regarding active position of the advocacy self-governance institutions on protection of advocate’s right to information (advocate’s request) and holding liable those who breached  the guarantees of advocates’ activity during conducting operational investigations with  advocates’ involvement.