Lawfare
Charles Dickens once observed, “If there were no bad people, there would be no good lawyers.” At a time of war, the skills of legal advocates might, at first glance, appear wholly unsuited to the struggle at hand. And yet, facing the evil of an unrelenting aggressor, the origin story of the Ukrainian National Bar Association (UNBA) suggests the opposite. Its long, 30-year road of reform remains a fascinating case study in building an independent, resilient institution.
Last February, I had the privilege of interviewing the vice president of the UNBA, Valentyn Gvozdiy, to better understand how this unique body came to be. As discussions about postwar reconstruction continue, some of his comments could inform a road map for postwar reconstruction. He also discussed the implications of the war on the bar’s future and what Americans, in particular, can do to help. Most of all, his comments provided an important counterexample to glib narratives that paint Ukraine’s struggle against corruption as all-encompassing.
Legal professional organizations have, occasionally, entered the fray surrounding Russia’s most recent incursions in Ukraine. In a statement now removed from its website, the Association of Lawyers of Russia adamantly affirmed “the legality of the decisions taken by the President of the Russian Federation,” adding that they “follow from the applicable international law.”
In response, the International Bar Association (IBA) issued a strong rebuke of what it cast as a “pro war statement.” Mark Ellis, IBA executive director, said that “any association of lawyers is duty bound to uphold international law,” adding that “Russia’s invasion of Ukraine and now its indiscriminate attacks on civilians during this war are egregious violations. All bar associations must condemn these acts.”
Beyond these rhetorical clashes, the risks of deterioration facing the UNBA indicate that whole institutions—their traditions, their records, and their regulatory strength—are at stake. Years of gradual, incremental change, implemented through legislation and the development of governing bodies that meet the requirements of international best practices could be lost during the course of the conflict.
Why Is Ukraine So Often Criticized for Corruption?
Ukraine’s recent history underscores just how implausible an independent Ukrainian National Bar Association would have appeared 30 years ago. Like many societies that emerged from the dissolution of the Soviet Union, Ukraine has faced enormous burdens related to corruption. Nearly all sectors of its society—from health care to education—had been controlled by the communist state. Corruption had become embedded and routine in government structures, and officials sought to use their positions of authority as means to obtain wealth.
Read full article
https://www.lawfareblog.com/whats-stake-ukrainian-national-bar-association
