Since the onset of Russia’s full-scale invasion in February 2022, the Ukrainian legal sector has navigated through unprecedented challenges and undergone significant transformations, while at the same time continuing to play a crucial role in society. A number of key trends and important issues have emerged during this period that are shaping the legal landscape in the country.
Remarkable Resilience
Despite the unprecedented challenges created by the war, many law firms have demonstrated remarkable resilience, managing to sustain their activities and retain their talent pool. This resilience underscores the commitment of Ukraine’s legal professionals to uphold the rule of law, while also highlighting the continued demand for legal services, even in the most difficult of times.
Enhanced Mobility
The war prompted a wave of mobility among lawyers, with many seeking secondment opportunities abroad. Some have since chosen to remain in their host countries, contributing their expertise to legal systems beyond Ukraine’s borders. In the long-term perspective, this international exchange of legal professionals will enrich cross-border collaborations. Ultimately, it could play an important role in assisting Ukraine’s accession to the European Union.
Judicial Reform
Wartime Ukraine has made significant progress in its judicial reform efforts, with the reactivation of key institutions such as the High Council of Justice and the High Qualification Commission of Judges. These reforms aim to enhance the independence, accountability, and effectiveness of the judiciary, laying the groundwork for a more robust and fair legal system in Ukraine.
War Crimes Justice
Ukraine’s criminal justice system has been tasked with efficiently handling a large volume of war crimes cases. Thankfully, the Ukrainian authorities, including courts, typically permit public and media attendance at hearings. Most criminal cases are considered in absentia with the participation of defense lawyers. While these trials are generally justified, the proceedings in such cases must ensure the highest level of compliance with the defendants right to a fair trial.
Combating Corruption
Ukraine’s anti-corruption architecture has continued to function effectively despite the unprecedented shocks and stresses of the wartime environment. The Anti-corruption Court of Ukraine has adjudicated numerous cases, resulting in a majority of convictions. NABU investigators have uncovered a range of corruption cases, including among top public officials and oligarchs, and have successfully brought these cases to court.
Ethical Approach
The wartime context has sparked far-reaching discussion within the legal community regarding the role of lawyers in society, the pursuit of justice for war crimes, and the importance of transparency and accountability among law firms. This is driving efforts to align legal practices with the best ethical standards and values. In summer 2023, the Ukrainian Bar Association (UBA) adopted a comprehensive Code of Ethics for the legal services industry. This Code aims to promote best legal practices and ethical conduct among legal professionals, reinforcing integrity and professionalism within the legal sector.
Bar Reform
In its 2023 report, the European Commission emphasized that an independent, professional, and accountable Bar is a key prerequisite for access to justice and a functioning market economy. As Ukraine seeks to move toward EU membership, the Ukrainian law regulating lawyers (the Bar) should be aligned with the Ukrainian Constitution, applicable European standards, and best practice. In particular, the self-governance system and resource management of the Bar should be improved and made more accountable. Qualification and disciplinary procedures for lawyers require significant improvements, both in law and in practice. Finally, the process for admission to the profession also requires an overhaul in order to uphold the credibility and independence of the legal profession.
Legal Education
Another crucial area that requires further development is the Ukrainian legal education system, which serves as a cornerstone for the future success of the Ukrainian economy. By improving educational standards, the legal community seeks to bolster the foundations upon which the Ukrainian economy can thrive.
Looking ahead, the Ukrainian legal sector faces various challenges. One major issue is the need to complete harmonization of Ukrainian law with EU regulations. Another key task is addressing the talent drain from the legal services industry due to emigration. This issue also underlines the importance of investing in the next generation of legal professionals through improved education, enhanced training, and internship opportunities.
The Ukrainian legal sector has undergone some profound changes since the onset of Russia’s full-scale invasion in 2022 and has exceeded all expectations in terms of resilience and adaptability. Moving forward, continued support for judicial reform and the fight against corruption are essential in order to create a just and durable legal system.