Ukraine urged to adopt integrity checks for lawyer candidates, citing international models
Ukrainian experts propose mandatory integrity checks for aspiring lawyers, as the current system allows corrupt former officials to join the profession. A study comparing Canada, the USA, Latvia, Lithuania, the Netherlands, and Sweden emphasizes that reputation assessment is crucial for legal practice.
The DEJURE Foundation, a Ukrainian NGO, calls for reforming admission to the bar by introducing integrity and reputation checks for candidates. Currently, in Ukraine, passing a knowledge exam suffices; candidates are not evaluated for their ethical background or previous professional conduct. This loophole enables individuals dismissed for corruption or misconduct to re-enter the profession.
Examples include Vitaliy Marfin, convicted of taking a $180,000 bribe, who became a lawyer in 2015 without obstacles. His law firm later posted 14 million hryvnias in bail for Andriy Yermak. Ilya Kyva, a former lawmaker accused of treason, came within a step of obtaining a lawyer's certificate. Dmytro Borzykh, a former military prosecutor fired for alleged illegal enrichment, established a law firm later implicated in accessing the confidential part of the court register, undermining top corruption investigations.
DEJURE's study examined practices in Canada, the USA, Latvia, Lithuania, the Netherlands, and Sweden. In all these countries, candidates' reputation is rigorously vetted: criminal history, disciplinary sanctions, dismissal from office, and even national security concerns are considered. For instance, in Latvia, a candidate was denied admission because the bar council found her activities aligned with Russian ideology regarding so-called compatriots. Although formally legal, it was deemed a security risk.
Experts note that lawyers often serve as conduits for corruption in Ukraine's judiciary. Major scandals, such as the $2.7 million bribe attempt to the head and judges of the Supreme Court, evading military service through court rulings, and a recent case where a lawyer tried to bribe SAP prosecutors with $200,000, have all involved lawyers.
DEJURE recommends several measures: expanding the list of circumstances that permanently or temporarily bar admission; introducing a mandatory questionnaire on criminal prosecution, disciplinary measures, and ties to Russia; and allowing third parties to submit information about candidates. Such checks would not restrict the profession but help preserve its autonomy, public trust, and serve as an anti-corruption safeguard in the justice system.
