“On March 12, 2025, the Council of Europe approved the Convention on the Protection of the Lawyer’s profession – the first international treaty aimed at guaranteeing the security and independence of lawyers. In two months, in May, at the ceremony in Luxembourg, the document was solemnly signed by 13 member countries, and later 5 more countries joined. However, Ukraine did not appear among the signatories, although the representatives of our country took”, – WRITE ON: ua.news
On March 12, 2025, the Council of Europe approved the Convention on the Protection of the Lawyer’s profession – the first international treaty aimed at guaranteeing the security and independence of lawyers. In two months, in May, at the ceremony in Luxembourg, the document was solemnly signed by 13 member countries, and later 5 more countries joined. However, Ukraine did not appear among the signatories, although representatives of our country participated in the development of this Convention. Why has the Convention not been signed or ratified in Ukraine yet, and what is prevented by this process?
The answers to these questions were sought by People’s Deputies, representatives of the National Advocates of Ukraine (NAAU), the Ministry of Justice and the Ministry of Foreign Affairs at a working meeting in Parliament on August 20. The event initiated the subcommittee on the organization and activity of the Bar of the Verkhovna Rada Committee on Legal Policy under the leadership of Vladimir Vatras. This is the second meeting devoted to the discussion of the implementation of the provisions of the Convention and the necessary changes to the legislation; The first took place on April 16 with the participation of parliamentarians and representatives of the lawyer community.
As in the previous meeting, MPs emphasized that Ukraine should sign and ratify the Convention as soon as possible. The document has been developed specifically to protect the profession of lawyer, and its relevance is dictated by the increase in the number of pressure on lawyers – persecution, threats, physical attacks or interference with their professional duties. As early as 2022, a committee of experts on lawyers (CJ-AV) was established within the framework of the European Committee on Legal Cooperation, which included 15 specialists from different countries of Europe, including Ukraine. One of the developers of the project of the Convention was the representative of the Ukrainian attorney-the deputy chairman of the NAAU, RAU Valentin Gvozdiy, who was elected Vice President of CJ-AV.
The Convention applies to both individual lawyers and professional organizations. The document defines the guarantees of the right to exercise advocacy, professional rights of lawyers, freedom of expression of views, regulates the issues of professional discipline, and introduces special measures for the protection of lawyers and their associations. In order to supervise the provisions of the Convention, it is envisaged to create a group of experts on the protection of the profession of lawyer (GRAVO) consisting of representatives of the participating countries. It is known that at least 8 states (6 of which should be members of the Council of Europe) are required to enter the Convention. As of today, the document has been signed by 18 countries, but there are still no Ukraine among them.
Calls to accelerate the signing of the Convention
At the August meeting in Parliament, participants demanded to move from words to specific actions. “I would like to determine the deadline at this meeting – who should do to understand at what stage the document will be ready for signing, and that we, the Verkhovna Rada, could ratify it,” Maxim Dirdin said at the beginning of the discussion at the beginning of the discussion.
The reasons for delaying the process of signing and ratification of the Convention were outlined by the Deputy Chairman of the NAAU, RAU Valentin Gvozdiy. According to him, Ukraine, being among the developers of the document, should be among the first countries to join the Convention, and it was worth doing so on May 13 at the sigurn ceremony in Luxembourg. He recalled that under the law, the Minister of Foreign Affairs of Ukraine has the right to sign international treaties without special orders. If necessary – after registration of relevant powers from the President – could also be done by the Minister of Justice at the mentioned meeting of the Committee of Ministers in Luxembourg. Such a procedure, stressed by Carnation, is routine and would not be a problem. Moreover, even now, Ukraine can join the Convention in working order, because the document remains open for signing – that is, the opportunity to join is not lost yet.
Gvozdiy stressed that this agreement is not only an important tool for protecting the rights of Ukrainian lawyers, but also an image international treaty for the state. He urged simply to sign the document on behalf of Ukraine, calling it a clear signal that our state shares the European values enshrined in the Convention and demonstrates a sequence in the path of European integration. Signing, he added, will open up new opportunities for Ukraine to cooperate with European partners. On international platforms, the NAAU representative is constantly emphasizing: Ukrainians were among the authors of this document, but his own state has not yet signed it. The reasons for the delay are clear – the country has been leading war for more than a year and a half, and state resources are primarily aimed at defense. However, it is in the conditions of war that the value of the Convention is only increasing, because it is intended to protect human rights. Carnation is convinced that the signing of this treaty by Ukraine is only a matter of time.
The NAAU Deputy Chairman drew attention to the risks for Ukraine in the event of a further delay. According to the text of the Convention, the GRAVO monitoring committee is formed once a year after the opening of the contract for signing and will include 8-12 members from the countries that will join the first. By the way, Moldova and Lithuania have already signed the document. If Ukraine does not sign or ratify the Convention in the near future, it will miss the opportunity to delegate its representative to Gravo – an important mechanism of influence in the European legal space. This, according to Carnation, would be a very annoying defeat for our country.
Valentine Gvozdiy added that not only the states of Europe but also countries outside the EU have expressed the desire to join the Convention. This Convention of the Council of Europe is unique in that it is open to signature and countries that are not members of the CE, which gives a document of special international importance. Despite the widespread foreign interest, Ukraine has not yet advanced in the issue of ratification: Carnation noted that the process of signing and ratification should go in parallel, and both now staggered, in his opinion. through bureaucratic delay in power offices .
The legislation of Ukraine provides that only certain entities can initiate the ratification of the international treaty – in this case, the Ministry of Justice is such a subject. Carnation points out that the Ministry of Justice has not yet referred to NAAU on accession to the Convention. “We have sent several letters to the ministry ourselves, but we received answers that the question is not on time or something like that. As far as we know when preparing for ratification I, the Ministry of Justice turned to many organs – except us. And this is strange, because NAAU is the sole regulator of the profession, and no changes are impossible without consulting us, ”he said.
Without waiting for the official steps from the state, NAAU conducted a detailed analysis of the current Ukrainian legislation for compliance with the provisions of the Convention and prepared a comparative table. “We have not identified any inconsistencies. We have shown in a very detailed manner in the table where and what rules meet the requirements of the Convention, and why. This is not surprising, because again I emphasize, Ukraine was a co -author of this Convention, so I could not lay there provisions that would be contrary to our legislation. This compliance was fundamentally important, ”Valentin Gvozdiy emphasized.
The position of the lawyer community was supported by MPs. Valery Bozhik, Deputy Chairman of the Verkhovna Rada Committee on Legal Policy, confirmed that the provisions of the Convention did not come into conflict with the norms of Ukrainian legislation. Comparison with the current Law of Ukraine “On Advocacy and Advocacy” shows almost complete coincidence; The only aspect that may need clarification, he noted, is the extension of the measures provided for by the Convention to persons who assist lawyers in fulfilling their professional duties.
“The Verkhovna Rada Committee should be asked, including the Ministry of Justice: why is it happening that obvious things cannot be implemented quickly? For the prestige of the profession and for the prestige of the state it would be very positive to take these steps. Therefore, in this case, we must contact the Ministry of Justice (which is accountable to the Parliament) – let us explain, if there are problems, what they are, ”Valery Bozhik said, expressing the obvious disappointment with delay.
The Chairman of the Verkhovna Rada Committee on Law Enforcement Activities Serhiy Ionushas agreed that parliamentarians should require the Ministry of Justice not only to explain but also to a specific plan of action. “To go this path, we need a“ road card ”and a responsible person. The key to the Ministry of Justice, which directly interacts with our profile committee on legal policy (law enforcement committee, is relevant in this topic), should play a key role. Therefore, we will insist on the development of such a “road card” “, – said Ionushas.
The Ministry of Justice’s position: first analysis and legislative changes
Due to the large number of comments to the Ministry of Justice, the word was given by its representatives. Deputy Minister of Justice on European Integration Lyudmila Sugak assured that the Ministry of Justice is aware of the importance of this international treaty, But insists on the need to carefully evaluate what changes will require national legislation . “The international treaty itself provides for ratification. Accordingly, if the changes require national legislation, then, moreover, the contract must be ratified. In addition, when a project is developed by a law on accession to a particular international treaty, changes to the legislation are also approved. That is, these processes should go in parallel, ”she explained.
Lyudmila Sugak also recalled the Government’s “Road card from the rule of law”, which provides a number of measures to improve the lawyer’s system and harmonize it with EU law. The deadline for this roadmap is the end of 2026. Within the framework of this work, the Ministry of Justice gave proposals from public authorities and judicial institutions to form a consolidated position on the Convention. “Why have we studied this process for a long time? Because when we begin to amend the legislation, they must comply with the mentioned “road cards” and our obligations within the European integration. In particular, the same road card stipulates that we need to bring our legislation into line with two EU directives, ”the Deputy Minister said.
Responding to the questions of parliamentarians, the representative of the Ministry of Justice listed the state bodies to which the ministry addressed the official letters on the Convention. This list had all law enforcement agencies, the State Judicial Administration, the High School of Judges, the Supreme Court – But the National Association of Advocates of Ukraine was not among the addressees Although the lawying was directly involved in the development of the document. “The Ministry of Justice appealed to all law enforcement agencies, as well as to the SCA, to the Higher School of Judges, to the Supreme Court. We did not turn to NAAU because we first wanted to collect proposals and vision of public authorities on the necessary changes to the legislation. In any case, during the development of any law, we always turn to a professional community, to civil society-to be in dialogue with them, ”Lyudmila Sugak explained.
MFA position: Support by procedure
The Ministry of Foreign Affairs also said the readiness of Ukraine before the signing, although its representatives emphasized compliance with the established procedure. The Foreign Ministry was presented at the meeting by the Deputy Director of the Department of International Law Alexander Bryko. He confirmed that the foreign policy department has supported the development of the Convention from the very beginning and repeatedly sent letters in its favor. At the same time, Braiko noted that the issue of signing cannot be resolved alone by minister because there is a procedure defined by law.
“After the Council of Europe informed Ukraine about the opening of the Convention for signature, the Cabinet of Ministers received a letter from the Chairman of the Verkhovna Rada Committee on Foreign Policy and Interparliamentary Cooperation to develop the consolidated position of all involved bodies regarding the signing and entry into force of this Convention for Ukraine. In March Prime Minister Denis Shmigal, the Ministry of Justice was instructed to work out this issue, to make proposals on the agreed position and to inform the Committee of the Verkhovna Rada and the Cabinet of Ministers, ”Alexander Briko said.
According to him, the signing of the Convention is possible only after all internal procedures are completed and the relevant decision is made at a government meeting. “As the Cabinet identified the Ministry of Justice responsible for this issue, we, for our part, are fully ready at any stage-from official translation to communication with the Council of Europe and further entering the ratification agreement-to join. At the same time, until the government order is fulfilled and the consolidated position is made, the Minister of Foreign Affairs is not authorized to sign the Convention, ”the Foreign Ministry spokesman explained.
Bureaucratic obstacles and criticism of parliament
The argumentation of government officials was criticized by both deputies and the lawyer community. Everyone has the impression that each body is waiting for a step from the other: the Ministry of Justice – positions from other departments, the Ministry of Foreign Affairs – the Cabinet’s decision, and the Cabinet of Ministers – initiatives from the Ministry of Justice. As a result, liability is blurred and the process of signing the Convention stays on a dead point .
“The second time is already present at such a meeting. I can say that nothing is done because the fact that boo Lo sent in June – those proposals and requests – that’s nothing. They were sent out to report as if the work was going. Therefore, I very much ask: now either let the deputies set as a deadline, or indicate what information should be collected in order to finally prepare the conclusion – positive or negative, ” – said Andrew the month T.V.O. Heads of the High Qualifications and Disciplinary Commission of the Bar, commenting on delaying the process.
Doubts about the justification of delay have also expressed in the National Advocacy Association. Alexei Shevchuk Chairman of the NAAU Committee on Information Policy and Media Interaction, noted that the signing of the Convention is not dependent on long -term internal agreements, since the Foreign Ministry had all the powers to do so from the beginning. According to him, Ukraine (represented by the Ministry of Foreign Affairs) has learned about the adoption of the document on the day of its adoption, and since then the Ministry of Foreign Affairs Little and was obliged Sign it in accordance with Article 7 of the Law on International Treaties. Shevchuk stressed that the Ministry of Foreign Affairs had all the necessary-direct-powers, along with the Prime Minister and the President to sign this agreement on its own. If desired, he adds, the Ministry of Foreign Affairs could give a power of attorney to the Ministry of Justice or even to authorize a representative of Ukraine in Strasbourg sign a signature from our country. Thus, according to the NAAU representative, nothing legally interferes with the Minister of Foreign Affairs to sign the Convention and only then notify the Ministry of Justice.
Parliamentary pressure and next steps
As a result, the MPs decided to act more decisively. They suggested that the Minister of Justice and his deputies, as well as representatives of the Foreign Ministry, have already proposed to the next meeting of the Verkhovna Rada Committee on Legal Policy, that they would be answered by all questions raised during the meeting. “I think at the next meeting of the Committee – perhaps a week – we will invite the Deputy Minister and the Minister of Justice himself to get a response to the steps that the Ministry of Justice will take towards the signing and ratification of the Convention. We also invite the Foreign Ministry and maybe someone else. And consider it a deadline, ”Maxim Dirdin said.
Deputies also stressed that they wanted to hear the personal position of the Ministry of Justice’s leadership on the Convention, as it is unclear whether the Minister of Justice supports this document. “My proposal is: the position of the Minister of Justice should be. Now his position is actually formed by deputies and other subordinates, collecting information to make a decision. Therefore, we need either the Chairman of the Committee to address the Minister and find out his opinion, or set the deadline when we have to voice this position – and this term at the next committee meeting. And yet: if the Ministry of Justice has any ratification reservations, then it should clearly explain what they are. It should be at least outlined what changes to the legislation, in their view, will need to be made in connection with ratification, so that we may understand it, ”the committee member Sergey Vlasenko explained.
Outside of official statements, MPs assure that the Parliament is ready to support both signing and ratification of the Convention, since its provisions are not contrary to applicable laws and even strengthen the guarantees of the advocacy independence. The current situation is associated with bureaucratic obstacles. “The problem is in a managerial chaos that has been going on for a long time and has intensified by changing the government and, accordingly, a change in the profile minister. In the last year and a half, this is the second or third minister of justice. The response of the Deputy Minister frankly shows that the Ministry of Justice is either not dealing with this issue or does not pay enough attention to him. I think Parliament will give them a tangible impetus, and they will start working on it, because the situation is really unclear. In addition, the Convention is a fairly frame document, it does not have any difficult points that would conflict with our other obligations, ”Sergey Vlasenko said.
“This process, in fact, reached into a bureaucratic deadlock. We, MPs, support the Convention and believe that it is a good image for both Ukraine and the whole professional community of lawyers. The Ministry of Justice, let’s say so, puts forward some contrived arguments. I personally got acquainted with the text of the Convention and the current Law on Advocacy and Advocacy – and I can say that the Convention is already almost completely implemented in our legislation. If some changes are needed, it is purely cosmetic. Therefore, our task, as a parliament, which has not only a legislative function, but also exercises parliamentary control (and the Ministry of Justice – a body controlled by it) – to stimulate the Ministry of Justice in a working order, so that there are specific terms and a clear understanding that it is necessary to do technically in order to be able to sign and the commissioner.
Conclusions: Time to act
The further fate of this international treaty depends largely on the political will of government officials. Ukraine has no right to continue to delay the accession to the Convention, which strengthens the protection of lawyers and would be another step towards integration into the European legal space. It is time to move from discussions – to specific actions. The legislators have already expressed their support and willingness to ratify the document. Now the executive power must take its step: in the shortest possible time, ensure the signing and submission of the Convention for ratification. This will not only protect the Ukrainian lawyer, but also demonstrate Ukraine’s dedication to European values, bringing the country closer to EU membership.
Angelika Sokolova, Andriy Bulgariv