| Law firm "Studio Legale" Ltd. |
54058, Lazurna street, 42, flat 69, Mykolaiv city, Ukraine; e-mail: studiolegale@ukr.net
www.studiolegale.com.ua
28.09.2015 р. № 03-44/15 На № ________________ _____ від _____________
About the Project of changes to the Constitution of Ukraine in the part of justice |
| Venice Commission of the Council of Europe 67075 Strasbourg Cedex France |
04.09.2015 the Project of changes to the Constitution of Ukraine in justice, approved by the Constitutional Commission, was sent to the Venice Commission http://constitution.gov.ua/work/item/id/16.
Among other things, is offered to make changes to the Constitution of Ukraine (Articles 59, 131-2 of the Project), according to which representation in court carry out exclusively advocates.
We believe, that these changes are lobbied by members of the Bar, who want to establish their monopoly instead of fair competition. Advocates do not take into account the interests of law firms and entrepreneurs, who provide legal services for people and businesses of no less quality, than advocates. The interests of human rights organizations and trade unions are also not taken into account.
In addition, this changes restrict the individual's right for freely choose a representative, which was fixed in the decision of the Constitutional Court of Ukraine from 16 November 2000 in the case № 1-17/2000 by the constitutional appeal of citizen Soldatov Gennady Ivanovich about the official interpretation of Article 59 of the Constitution of Ukraine (case about free choice of defense counsel). It violates the right to a fair trial, fixed in Art. 6 of the European Convention of Human Rights.
According to Art. 157 of the Constitution of Ukraine, the Constitution can not be changed if the changes foresee the abolition or restriction of human and citizen rights and freedoms.
Based on the above, we ask You to use Your influence to prevent the introduction of these changes to the Constitution of Ukraine.
Director V. Melnykov
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