The High Council of Justice demands the Bar to hold a congress to elect two members of the Council

The High Council of Justice addressed the National Association of Advocates of Ukraine and the Council of Advocates of Ukraine with a demand to immediately take measures to hold the Congress of Advocates of Ukraine and elect two members of the HCJ under the lawyers' quota.

The absence of representatives of the legal community in the Council for more than four years creates serious risks for the stable operation of the key judicial governance body.

According to Article 131 of the Constitution of Ukraine, the Congress of Advocates of Ukraine is one of the entities forming the High Council of Justice and is obliged to elect two of its members. This participation of the bar ensures a professional balance within the constitutional body, taking into account the practical experience of lawyers in ensuring access to justice, compliance with procedural guarantees, and protection of human rights.

As emphasized by the HCJ, the election of Council members by the Congress of Advocates is not a right but a constitutional duty of the bar. The Constitution does not provide for the possibility of refusal or arbitrary postponement of this function. The prolonged vacancy of two HCJ member positions contradicts the principle of institutional continuity of state authorities, which the Constitutional Court of Ukraine highlights in decision No. 2-r/2020.

An incomplete Council composition (out of the 21 prescribed members) creates constant risks for ensuring a quorum, increases the workload on current members, slows down the consideration of personnel and disciplinary proceedings regarding judges, and also delays the resolution of judicial career issues. Every judge or prosecutor has the right to have their case considered by the full constitutionally defined composition of the body.

The situation will become especially critical soon: in August 2026, the terms of office of three HCJ members expire, and in January 2027, the terms of eight more members elected by the Congress of Judges end. This may significantly weaken the institutional capacity of the Council.

The 2025 European Commission report on Ukraine emphasizes that the Ukrainian National Bar Association has not yet announced a competition for the vacant HCJ member positions under its quota. European partners insist on renewing the bar self-government bodies in accordance with European standards of transparency and democracy.

"After the formation of such bodies, the Congress of Advocates of Ukraine must be promptly held to elect members of the High Council of Justice under the lawyers' quota," the HCJ statement says.

The bar self-government bodies explain the delay by martial law and the security situation. However, the High Council of Justice believes this justification is insufficient. Current legislation contains no prohibitions on holding congresses of professional self-government bodies under martial law. The introduction of this regime does not suspend the activities of the bar or exempt it from fulfilling constitutional and legal powers.

Other entities forming the HCJ have repeatedly held relevant congresses and conferences after February 24, 2022:

The 19th extraordinary Congress of Judges of Ukraine (January 2023) elected 8 Council members;

The All-Ukrainian Conference of Prosecutors (February 2023) elected 2 members;

Congresses of representatives of law schools and scientific institutions were held in 2022–2023.

In 2026, judges, prosecutors, and scientists also set dates for their next congresses. This indicates that martial law is not an obstacle to carrying out such procedures.

The High Council of Justice calls on the Ukrainian National Bar Association and the Council of Advocates of Ukraine:

To urgently implement the European Commission's recommendations on bar reform.

To ensure transparent, democratic formation of bar self-government bodies.

To hold the Congress of Advocates of Ukraine as soon as possible and elect two HCJ members.

"Timely election of members of the High Council of Justice under the Congress of Advocates of Ukraine quota is a necessary step to ensure its uninterrupted operation, professional balance within the Council, and proper fulfillment of constitutional powers," the HCJ emphasizes.

Under martial law, all state bodies and professional self-government institutions must act with maximum responsibility. Further delay in holding the Congress of Advocates creates unacceptable risks for the stability of the judicial governance system and the effectiveness of justice in Ukraine.

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