Constitutional amendments may lead to monopoly of lawyers

It is necessary to abandon the provisions which limit the system of free legal aid in Ukraine.

Such proposals of the constitutional amendments were presented by the experts of the “Human Rights Agenda” platform.

The draft of the Constitutional Commission working group says that only a lawyer can be a representative in all courts and all types of cases, even for representation of the public authorities.

There may be exceptions in representation in the court for labor disputes, protection of social rights, issues relating to elections and referendums, minor disputes, as well as in representation of children, minors, and persons found incompetent by a court or whose capacity is limited. The implementation of this requirement has been postponed so far.

The draft amendments, prepared by the Reanimation Package of Reforms, additionally limit this requirement by criminal proceeding (as it happens today) and cassation procedure only.

The proposed provisions actually establish the unjustified monopoly of lawyers.

“The advocacy does not really play an important role in providing quality legal services today, so giving such powers lacks a legal argument and is rather an element of restriction of the right to choose defense,” the Human Right Agenda experts claim.

They suggest giving up constitutional amendments which restrict the right to legal aid, limit the system of free legal aid, and put it outside the legal framework. The issue of representation in courts by lawyers only should be defined at the level of the law, not the Constitution.

Earlier, the Human Rights Information Center reported that the experts suggest stipulating in the Constitution the dismissal of judges of the higher courts, giving them the right to resign or to work in the courts of lower instance.