Parliamentary research on work of lawyers, ordered by private individuals, carries corruption risks, – UNBA

Law enforcement agencies must assess the fact of the use of the parliamentary research tool by a parliamentarian for private interests. Involving the Research Service of the Verkhovna Rada in performing tasks not provided for by the Regulation on it contains signs of corruption crimes.

This is indicated in a statement by the Ukrainian National Bar Association (UNBA), the Ukrainian News agency reports.

Members of the Bar Council of Ukraine (the meeting is being held today, February 21 in Uzhgorod) unanimously supported such a statement during a discussion of the situation surrounding the appearance of a parliamentary study containing conclusions on the inconsistency of some decisions of the Bar Council of Ukraine with the Law "On the Bar and Advocacy".

We remind you that recently information appeared on social networks about a parliamentary study "on current problems of the legal principles of the organization and activity of the bar in Ukraine and the self-government of lawyers guaranteed by the state", which was prepared by the Research Service of the Verkhovna Rada.

"As it became known, Larysa Kryvoruchko, whose right to practice law was terminated last year by the Qualification and Disciplinary Commission of the Bar of the Zakarpattia Region, on January 30 appealed to Member of Parliament Yurii Kamelchuk with a request to initiate a parliamentary study of the current problem of state policy in the field of the bar. The MP appealed to the Research Service, which on the same day prepared a 15-page study. Based on this, the ex-lawyer put forward a demand to terminate the activities of the bar bodies, including the Qualification and Disciplinary Commissions of the Bar (QDCB), and also sent the parliamentary study to all courts of appeal, the Supreme and Constitutional Courts to be taken into account when making judicial decisions," the UNBA said.

Members of the Bar Council of Ukraine noted that since the registration of the individual's appeal, its transfer to the Research Service, as well as the processing and production of voluminous material took place on the same day, this gives reason to believe that the MP only formally registered Kryvoruchko's appeal and transferred it to a state institution in order to legalize the conclusion prepared in advance in the wording necessary for interested persons.

The extraordinary speed of the study raises reasonable doubts about its objectivity, lawyers believe, and may indicate prior coordination of actions, a coordinated scheme that creates risks of a corruption nature and the use of parliamentary mechanisms to secure private interests.

The strange behavior of MP Kamelchuk was assessed by his colleague – MP Yuliia Yatsyk, who was present at the Bar Council of Ukraine meeting.

"I am outraged by such work aimed at undermining the authority of the legal community and legal activity. Unfortunately, we have cases when such stories go beyond the borders of Ukraine, they are perceived very negatively by the international community," she noted.

Yatsyk noted that the work of the Research Service does not allow interference in the activities of existing bodies, but is only aimed at providing assistance to MPs, preparing analytics on certain issues for internal use. Moreover, the Regulations on the Service clearly state that the conclusions are not the official position of the Verkhovna Rada.

"In this case, we can talk about the abuse of authority of a MP," Yuliia Yatsyk noted.

According to the UNBA, this issue was previously studied by Volodymyr Vatras, a member of the Verkhovna Rada Committee on Legal Policy, the head of the subcommittee on the organization and activities of the bar, legal aid bodies.

He emphasized that the main tasks of the Research Service are scientific, research and informational and analytical support for the activities of the Verkhovna Rada, its bodies, MPs of Ukraine, parliamentary factions (parliamentary groups). The Service prepares analytical and informational materials in written form, including parliamentary research.

The latter is essentially a comprehensive analytical selection related to the processing of draft laws under consideration in the Verkhovna Rada, other relevant issues of state policy, and an assessment of the effectiveness of the implementation of the adopted legislative act.

The Bar Council of Ukraine took note of this information.

Given the established circumstances, the UNBA submitted a corresponding application to the State Bureau of Investigation, the Security Service of Ukraine, the National Agency on Corruption Prevention and the Prosecutor General's Office on the commission of a number of criminal offenses by a group of persons in prior collusion.

As the Ukrainian News agency earlier reported, the Council of Europe supported the development of the Ukrainian National Bar Association during the war.