Lawyers Association Research Articles

Some practical aspects of the implementation of the institute for advanced training of Ukrainian lawyers

It is indicated that the procedure for improving the qualifications of lawyers provides for a rather voluminous list of possible types of raising their professional level, among which measures organized by the operators of improving the qualifications of lawyers occupy a decisive place, but also that a significant emphasis of such measures is aimed at ensuring the quality of their organization, in particular, by establishing essential professional, personal and ethical requirements for lecturers and their practical direction. This article is aimed at revealing some practical aspects of the mechanism of the lawyer’s implementation of his professional duty to improve his qualifications. Thus, the scientific work reveals the essence of the ethical component as a necessary element of such a mechanism, and also analyzes the grounds for exempting a lawyer from the obligation to improve his qualifications. Within the framework of this article, the legal regulation of the procedure for the lawyer to fulfill his duty to improve his qualifications was analyzed, namely through the prism of the need to master high standards of ethical behavior. Attention is drawn to the positivity of the provisions of the Ukrainian legislation, according to which a lawyer, improving his qualifications, must necessarily acquire a certain set of knowledge (in particular, concerning issues of lawyer ethics). This provision of domestic legislation generally corresponds to the legislation of many countries of the world (France, Italy, Norway, the Czech Republic, Ireland, etc.), especially in the context of professional development by lawyers who have just acquired this status (young lawyers). It is concluded that the National Association of Lawyers of Ukraine needs to develop appropriate measures (programs) that would provide an opportunity to obtain an ethical component as a necessary condition for improving the qualifications of a lawyer on a free basis. The legislation of foreign countries, which apply certain grounds for exemption from the obligation to improve the qualifications of lawyers, is also studied. The position is argued about the expediency of enshrining the provision according to which from the obligation to upgrade the qualifications not only of lawyers who have stopped their activities, lost their ability to work or have other good reasons, but also lawyers who have reached a certain age (for example, 65 years old), are engaged in the practice of law have been active for more than 30 years, or have a Doctor of Science degree and are recognized specialists in the field of law.

Mandatory Disclosure Regime for Cross-Border Tax Planning Arrangements (DAC6): ECJ Confirms Compatibility with EU Law

Following a request to (partially) annul Belgium’s implementation of the DAC6 disclosure regime, the Belgian Constitutional Court submitted five questions to the ECJ in Belgian Association of Tax Lawyers and Others (Case C-623/22). In its decision of 29 July 2024, the ECJ found that there had been no violation of the principles of equal treatment, non-discrimination, legal certainty and legality, as well as the right to a fair trial and to respect for private life. Hence, it has been confirmed that DAC6 is compatible with EU law.

SHIPBREAKING AND RECYCLING INDUSTRY POLICY: AN ADVOCACY COALITION FRAMEWORK (A C F) APPROACH

Shipbreaking and recycling industry generates huge employment opportunities for workers and contribute a lot to the economy of Bangladesh. However, the profit motive driving the industry, has, however, been controversial in Bangladesh because of the severe violation of environmental and human rights that shipbreaking often involves. Since 1998, Greenpeace has published reports highlighting the poor conditions in shipbreaking yards and Bangladesh Environmental Lawyers Association (BELA) has been at the forefront of legal actions against shipyard owners and government agencies. After sustained dialogues with the government and various stakeholders, Bangladesh adopted the Ship Breaking and Recycling Rules, 2011 and the Hazardous Wastes and Shipbreaking Waste Management Rules, 2011. In 2018, the Bangladesh Ship Reprocessing Act was passed in Parliament, introducing new provisions that address the issues of Shipbreaking and recycling industry. The application of the Advocacy Coalition Framework (ACF) to the shipbreaking and recycling industry of Bangladesh has provided valuable insights into the intricate policymaking landscape of this critical sector. It provides a structured way to understand how different actors and their beliefs shaped the development and evolution of the Ship Breaking and Recycling policy in Bangladesh. KEY WORDS: Shipbreaking, Recycling Policy, ACF

Compatibility of the DAC6 Obligation to Report Cross-Border Arrangements with Fundamental Rights: A Green Light from the Advocate General?

On 29 February 2024, Advocate General Emiliou of the Court of Justice of the European Union gave his Opinion in Belgian Association of Tax Lawyers and Others v. Premier ministre/Eerste Minister (Case C-623/22) on the compatibility of DAC6 with the principles of equality and non-discrimination, legality in criminal matters, legal certainty and the right to respect for private life. This contribution summarizes and criticizes the main elements of the Opinion, which will have major ramifications for the European tax transparency and tax cooperation regime if upheld by the Court of Justice of the European Union in its forthcoming DAC6 decision.

Bar self-government in Ukraine and its development

The article is devoted to the analysis of the historical development of legislation on advocacy, its organizational structure, in particular, advocacy self-governance, the requirements imposed on the advocate in the comparative aspect of Art. 2 of the Law of Ukraine «On Advocacy» and part 2 of Art. 6 of the Law «On Advocacy and Advocacy Activities». The issue of the role of the legal profession and the individual lawyer in society is analyzed. It is well-founded that the self-government of the bar should provide lawyers with a system of guarantees that will allow them to work competently and legally, to perform their functions properly and impartially. Therefore, the internal organizational structure of the bar must be perceived in the context of the functions performed by the bar self-government, and this is the business of the lawyers themselves. It is proposed to create a special arbitration court of advocates, with appropriate powers to consider appeals by persons and advocates for offenses that took place in the activities of the advocate, his powers and methods of their implementation. it is expedient to introduce the arbitration court of advocates instead of disciplinary chambers of qualification and disciplinary commissions of the bar and The Higher Qualification and Disciplinary Commission of the Bar with the transfer of powers to such a court not only regarding the application of appropriate disciplinary sanctions to lawyers, but also the resolution of other disputed issues and compensation for the damage caused, which will require amendments to the Law. In another way of introducing an arbitration court of lawyers, it is proposed, along with the relevant commissions, to make changes to the Statute of the National Association of Lawyers of Ukraine (hereinafter – NAAU) also on the authority of the court to apply appropriate sanctions to lawyers and establish other duties of a lawyer, and the right to choose the body to which a specific person, leave for the complainant. The structure of NAAU was analyzed and an opinion was expressed about the expediency of the existence of certain committees in it. There is a well-founded opinion about the need to carry out relevant reforms in the bar in order to self-purify it, but it is better to initiate this process by the lawyers themselves.

Features of the functioning of the committee on issues of integration of the advocacy system of Ukraine in the EU at the national association of lawyers of Ukraine

The article is devoted to the peculiarities of the functioning of the committee on the integration of the Ukrainian legal system in the EU at the national association of lawyers of Ukraine. It is noted that at the National Association of Lawyers of Ukraine, appropriate Committees are created for the purpose of effective regulation of the activities of the Institute of Advocacy. Each of the formed Committees has its own status, tasks, principles and functions of activity, organizational structure and regulates certain legal relations in the field of advocacy. Committees of the National Bar Association of Ukraine have the status of permanent advisory bodies formed under the National Bar Association of Ukraine by order of the Chairman of this organization, the Bar Council of Ukraine, or by decision of the Bar Council of Ukraine.
 It is noted that the purpose of the creation of the Committee by the National Association of Lawyers of Ukraine is to define the implementation of European legal standards for the law enforcement activities of Ukraine, European integration and interaction with European institutions on the development of the legal profession, the establishment of the principle of the rule of law and the provision of human rights in Ukraine, the promotion of Ukrainian lawyers in professional development and promotion qualifications in Ukraine and abroad.
 It was concluded that, unfortunately, the normative acts of the Bar Council of Ukraine do not regulate the functions of the Committee on Integration of the Bar System of Ukraine in the EU under the National Bar Association of Ukraine. However, in our opinion, its main functions can be: 1) analysis and study of European legal standards related to advocacy; 2) development of recommendations and proposals for adaptation and implementation of these standards in Ukraine; 3) providing training and informing lawyers about European standards and norms; 4) interaction with authorities and other interested parties to support the integration of the Ukrainian legal profession into the European legal space; 5) promotion and protection of the rights and interests of lawyers in the context of European standards, etc.
 That is why further adaptation to European standards is important to ensure compliance of the Ukrainian legal profession with international requirements and improve the quality of legal services. This organization helps in solving issues related to the harmonization of the regulatory and legal environment and providing lawyers with the necessary knowledge and skills. Its activities contribute to the improvement of cooperation between lawyers and European colleagues, and also strengthen the status of lawyers in Ukraine in the international arena.

Report of the 13th Annual Conference of the Worldwide Airports Lawyers Association (WALA), in Paris, France, on 28-30 June 2023

The 13th Worldwide Airports Lawyers Association (WALA) Annual Conference (WALA is a global association that unites airport lawyers, aviation industry professionals, and stakeholders to collaborate, share knowledge, and address legal issues in the field of airport law. See further, https://abiaxair.com/wala2023/links.php), splendidly hosted by Groupe Aéroports de Paris (ADP), https://www.parisaeroport.fr/en/homepage-group convened on 28–30 June 2023 in the enchanting city of Paris. The three-day event featured a diverse agenda including the Pre-conference Seminar dedicated to airport commercialization, the Airport Law Conference replete with fourteen different sessions, and a momentous addition – the First Urban Air Mobility Legal Forum. Through intellectually stimulating exchanges, WALA XIII paved the way for a future of airport law in support of a sustainable, innovative, and robust civil aviation sector. Conference report, WALA, Worldwide Airport, Lawyers Association

Regarding the need for a differentiated approach in the aspect of determining programs for improving the qualifications of Ukrainian lawyers in conditions of digitalization

This article is devoted to revealing the essence of a lawyer’s professional duty to improve his qualifications, primarily through the prism of the lawyer’s right to choose the types of such improvement and by clarifying the feasibility of the existence of various programs aimed at its improvement .The necessity of various types of professional development programs that would primarily take into account the lawyer’s experience (for those who have experience in practicing law and young lawyers) is argued.
 Within the framework of this article, the content and problems of the implementation of the program for improving the qualifications of young lawyers were investigated. The experience of foreign countries is revealed, regarding both the definition of the «young lawyer» category in general, and the specifics of the programs for improving their qualifications. Attention is focused on the need for the Higher School of Advocacy of the National Bar Association of Ukraine to develop the «Young Lawyer» modular program and to make it free of charge, taking into account the payment of contributions by such lawyers specifically to ensure the implementation of lawyer self-governance, one of the main duties of which is to maintain a high professional level of lawyers.
 The article also focuses on the expediency of approving training programs for other persons who have one or another relation to the practice of advocacy. A conclusion is made regarding the positive nature of the development by the Higher School of Advocacy of the National Association of Lawyers of Ukraine of special, adaptation courses (instructions) of professional development for interns, assistant attorneys and individuals, in case of renewal of their right to engage in advocacy and the availability of their completion (online).
 To achieve the goal, the author used the methods characteristic of legal science, and the research was conducted primarily using systemic-structural and comparative-legal methods, as well as the dialectical method of learning legal reality.

Trends and problems of modern law. Review of the VII International Scientific and Practical Conference “Plevako Tambov Legal Readings”

In May 2023, at Derzhavin Tambov State University (Derzhavin University) held the VII International Scientific and Practical Conference “Plevako Tambov Legal Readings”. The university organized it jointly with the Tambov branch of the Russian Lawyers Association, the Plus Guarantee Tambov company and the Election Commission of the Tambov Region. The Conference participants are scientists-lawyers, students and teachers of Derzhavinsky University, representatives of the Tambov Regional Court, the Arbitration Court, the Prosecutor’s Office and the Chamber of Lawyers of the Tambov Region. They discussed the certification of scientific and pedagogical personnel in modern conditions, current issues of the institution of representation in administrative proceedings, ensuring a balance of private and public interests in certain institutions of Financial Law, the place of justice in modern civil proceedings, etc. At the panel discussion “30th anniversary of the electoral system of the Russian Federation” election organizers, experts and young people discussed many years of experience in developing and improving the electoral system and agreed on further interaction in the electoral sphere. The Conference continued with sectional sessions in the following areas: “Historical and legal problems of the development of Russian statehood”, “Legal regulation of property relations: ensuring a balance of private and public interests”, “State policy of combating crime”, “Problems in the field of ensuring national security and law and order: specifics, threats, priorities, counteraction”, etc. Based on the results of the Conference, a collection of materials with reports and abstracts of participants has been prepared; individual reports will be published as articles in leading scientific legal journals.

The Nature and Main Activities of the American Bar Association

The subject of the study is the problems of the participation of public organizations in ensuring and improving the legal regulation of public relations, as well as the coordination of professional activities of lawyers, analyzed by the example of the functioning of the American Bar Association. The article examines and highlights the issues of the history of the formation of the legal profession and legal education in the United States, the formation of a professional association of lawyers in this country, its status and main activities. Previously, the issues of the organization and activities of the American Bar Association have not been studied in Russian legal science, although the results of such a study can serve as a comparative study of Russian and foreign experience on essential aspects of the functioning of professional associations of lawyers in Russia. The scientific novelty of the study is to highlight the nature and functions of the American Bar Association, which fills a significant gap in the study of foreign experience of professional associations of lawyers. The results obtained are based on original sources, acts and materials published directly by the American Bar Association, as well as commentatory literature. The features of the formation of the legal profession in the USA, the role and place of the association of lawyers, the nature of program documents and contradictory aspects of the implementation of the goals and objectives of this professional association in its practice are demonstrated, including conclusions about the importance of a number of targets that are implemented in the main modules of the activities of this public professional association.

Constitutionalizing Women’s Equality in India: Assessing the Sabarimala Decision

In 2018, in Indian Young Lawyers Association (IYLA) v State of Kerala, popularly known as the Sabarimala case, the Indian Supreme Court struck down a rule that prevented girls and women in the 10-50 age group from entering the Sabarimala temple in Kerala. The Court, in a 4-1 decision, held that the temple rule violated women’s right to equality and right to worship and was not protected under the right to religious freedom. Sabarimala is a landmark decision. For the first time,the Court insisted that all discrimination must be tested against constitutional values and discrimination that perpetuates stereotypes and disadvantage will not withstand constitutional scrutiny. It emphasised the importance of substantive equality in contesting discrimination against women and challenging the structures of oppression that exclude women. Finally, the Court linked women’s equality rights with equal citizenship. Focusing on the Sabarimala decision, this paper evaluates the recognition of women’s rights in Indian constitutional jurisprudence and assesses its transformative potential. The paper aims to place women’s equality rights squarely within constitutional discourse; to further develop understandings of justice that will constitutionalize women’s equality rights and ensure their inclusion in constitutional doctrine and discourse and to create salient changes in women’s everyday lives.

Marital Rape as a Human Rights Violation of Women in Ethiopia: A Case Study of Alumni Association of the Faculty of Law of Addis Ababa University and Ethiopian Women Lawyers Association (EWLA)

Initially, the concept of marital rape was a legal nullity analogous to the inability to steal what one already owns. Many defended for the exemption of marital rape from being recognized as a crime. The defense came under the assertion that a husband and a wife acted in consent and the wife had no separate rights apart from her husband; the husband was legally responsible for his wife’s conduct, which made it unlikely for a man to stand in court alleging that he had raped her. A reflection of power and position in the household fully supported with the legal exemption and societal approval of family privacy, marital rape remained a taboo for women to talk about despite their sufferings. This paper undergoes an assessment of the challenges women go through in the veil of family privacy and explores the possible mechanisms that can be set to avail protection in the area. In a nutshell, the findings of the research demonstrate that 60% of respondents were victims of marital rape. This piece thus puts forward concrete recommendations that call for the attention of the legal system in terms of resolving the issue from a legal point of view, academic institutions in engaging in scholarly research and organizing high legal dialogues, and awareness raising work by civil society organizations working at the grass root level.

Regressive Religious Practices; A Threat to the Fundamental Rights of Women

The paper aims to provide an insight into the famous and revolutionary Sabarimala Judgement - Indian Young Lawyers Association and Ors. v. The State of Kerala and Ors.2 The paper throws light on the background of the case and closely analyses the judgement so pronounced and its consequences. Since the practices of the temple were seen as exclusionary in nature, the implications of a judgement so grave have serious consequences on the immediate category of people directly affected and the society at large. The primary issues addressed in the case; whether or not the said practice is discriminatory and so a violation of Article 17, and whether or not the practice violates the right to equality by lacking an intelligible differential and a reasonable nexus (pertaining to Article 14) have been further deconstructed to paint a better understanding of the interpretation of the Constitution of India.Furthermore, an attempt has been made to establish the judiciary’s primary objective, whether it is to strike a balance between the conflict of liberty, equality, public interest and affected groups of people has been fulfilled in this judgement or not. The main task of the judgement was to figure out whether the exclusionary practice is essential for the religion so as to deem it to be violative of the fundamental right to religion, as granted to the citizens of the country by the Constitution. One of the striking features of this judgement is the dissenting opinion of Justice Indu Malhotra, who, reasoning through constitutional morality: the harmonisation of fundamental rights of every individual citizen, religious denomination to practise their faith in accordance with the tenets of their religion irrespective of it being rational or logical has concluded that the practice is neither exclusionary, nor discriminatory in nature. The paper delves into this dissenting opinion, and proposes a possible approach to balancing public interests and rights of the affected categories.

Обзор Всероссийской научно-практической конференции «Правовое регулирование в сфере здравоохранения в условиях новых вызовов: вопросы теории и практики»

We present an overview of the All-Russian Scientific and Practice Conference “Legal regulation in the sphere of health care under the conditions of new challenges: theory and practice issues”, held on March 25–26, 2022 and organized by Derzhavin Tambov State University. Other co-organizers of the conference are also noted, which are Kemerovo State University, Russian University of Transport, Main Military Clinical Hospital of the National Guard Troops of Russian Federation, Tambov branch of the Association of Lawyers of Russia and “Plus Guarantee Tambov” Company. The conference is aimed at discussing and understanding the current state of legal regulation of medical field in the prism of such aspects as the development of public administration digitalization in the field of healthcare, transformation of state supervision and strengthening of administrative responsibility in this area, commercialization of medical services, emergence of a new coronavirus infection (COVID-19 ) and complication of sanitary and epidemiological situation, as well as the development of the need to overcome the problems of criminal law protection of the health of citizens and the corresponding law enforcement practice. The conference participants are scientists and practitioners in the sphere of medicine and jurisprudence. The review highlights the content of plenary and breakout sessions, which are titled: “Legal support for the organization of healthcare in the face of modern challenges”, “Criminal legal protection of public relations in the field of healthcare: modern challenges and ways to respond to them”; “Trends in administrative and legal regulation in the field of healthcare: problems and development prospects”; “Legal aspects of medical activity in federal executive bodies providing for military service, and in law enforcement agencies: problems, prospects, domestic and international issues”.

Стромов – юрист и флагман юридического сообщества региона

The work is dedicated to the rector of Derzhavin Tambov State University, a major public and political fig-ure, editor-in-chief of the journal “Current Issues of the State and Law” Vladimir Yuryevich Stromov, who passed away on March 10, 2022. The work notes the professional development and path of V.Y. Stromov, who managed in different periods to combine a lawyer, theorist, deputy, rector. The scientific interests of V.Y. Stro-mov, which included issues of implementation and effectiveness of criminal penalty, emphasize the identified socio-cultural phenomenon of criminal penalty, declarative nature of the penal policy. Attention is paid to the vigorous activity of V.Y. Stromov within the legal community as a member of the Association of Lawyers of Russia, subsequently – Chairman of the executive Committee of the Tambov branch of the Association of Lawyers of Russia and a member of the Board of the Association of Lawyers of Russia at the federal level.

Is Electronic Health Record Safety a Paradox?

Is Electronic Health Record Safety a Paradox?

Роль правового (юридического) диктанта в выявлении уровня правовой грамотности и правовом просвещении

Introduction. Confirmation of the importance of legal education, the need to overcome legal nihilism and increase the level of legal culture was reflected at the official level in regulatory legal acts, primarily in the Fundamentals of State Policy of the Russian Federation in the development of legal literacy and legal awareness of citizens. Currently, cooperation with non-governmental organizations in this direction is actively developing, which opens up new facets. So, for example, the Association of Lawyers of Russia has initiated the All-Russian Legal Dictation since 2017, the scale of which increases significantly every year. Theoretical analysis. The following problems that hinder the high efficiency of educational activities in legal domain are identified: 1) lack of consistency and proper methodological support; 2) risks of social, organizational, financial, economic and regulatory nature; 3) the absence of maps of obstacles to legal education, indicating all possible risks and ways to minimize and overcome them. Results. The main obstacles to legal education, the associated risks, that can be minimized to increase the efficiency of legal education and the level of legal literacy of the population, are highlighted. Recommendations are given to improve such an action as the All-Russian Legal Dictation, as well as to conduct such actions separately by professional communities. One should not neglect the optional objectives, which can also be achieved when carrying out activities of a law-enlightening nature. For example, tasks of the formation and development of the information and communication culture of citizens, which are now at the initial stage of formation, are no less important.

Racist Antitrust, Antiracist Antitrust

If the tumultuous 2010s yielded one consistent theme, it is frustration with inequality coalescing into collective action. In response, progressive enforcers and commentators have begun to explore whether the antitrust laws—enacted in an attempt to counter concentrated power during a previous Gilded Age—might play a role in addressing systemic racialized inequality. This essay contributes to that ongoing conversation by historicizing a pair of antitrust cases: Knights of the Ku Klux Klan and Superior Court Trial Lawyers Association. The first is an admirable example of antiracist antitrust. The second is its opposite. Together, these two decisions represent divergent paths. Which has the contemporary antitrust enterprise followed? The Supreme Court’s most recent substantive decision in the area, Ohio v. American Express, suggests both room for hope and reason for concern. The essay concludes by offering four recommendations for how antitrust can retake the high road. Antitrust can and should help to address—rather than exacerbate—structural inequality.

THE RULE-OF-LAW STATE IN THE MODERN WORLD

Review of the international scientific and practical conference "The rule of law in the modern world", which took place on May 18, 2021 in Ufa. The conference was organized by the Institute of Law of the Bashkir State University, the Bashkortostan Branch of the Association of Lawyers of Russia, the Interregional Association of State and Law Theorists, the Bashkortostan Regional Branch of the United Russia Party and the Bashkortostan Regional Branch of the All-Russian Popular Front.

Stress, drink, leave: An examination of gender-specific risk factors for mental health problems and attrition among licensed attorneys.

Rates of mental illness and heavy alcohol use are exceedingly high in the legal profession, while attrition among women has also been a longstanding problem. Work overcommitment, work-family conflict, permissiveness toward alcohol in the workplace, and the likelihood of promotion are all implicated but have yet to be systematically investigated. Data were collected from 2,863 lawyers randomly sampled from the California Lawyers Association and D.C. Bar to address this knowledge gap. Findings indicated that the prevalence and severity of depression, anxiety, stress, and risky/hazardous drinking were significantly higher among women. Further, one-quarter of all women contemplated leaving the profession due to mental health concerns, compared to 17% of men. Logistic models were conducted to identify workplace factors predictive of stress, risky drinking, and contemplating leaving the profession. Overcommitment and permissiveness toward alcohol at work were associated with the highest likelihood of stress and risky drinking (relative to all other predictors) for both men and women. However, women and men differed with respect to predictors of leaving the profession due to stress or mental health. For women, work-family conflict was associated with the highest likelihood of leaving, while overcommitment was the number one predictor of leaving for men. Mental health and gender disparities are significant problems in the legal profession, clearly requiring considerable and sustained attention.