The UNBA informed the CCBE about the scandalous statements made by the PGO in respect of advocates
The UNBA sent two separate appeals to the CCBE containing information about the statements made by the Chief Military Prosecutor Anatoly Matios and Prosecutor General Yuriy Lutsenko in respect of advocates in high-profile cases.
Letters to the organization were sent by Mr Ivan Grechkivskyy, the UNBA representative in the CCBE, Chairman of the UNBA International Relations Committee.
The letters mention comments made by the Prosecutor General Yuriy Lutsenko on 6 December 2016 during a live broadcast of the Parliamentary Committee on the Rules and Organization of Work during the examination of a request for “granting consent to the criminal prosecution of MP Vadym Novynskyy”.
"The UNBA explained that in his public speech, Mr Lutsenko had breached the constitutional right to legal assistance as he said about the inadmissibility of presence of the advocate at the meeting of the Parliamentary Committee during the consideration of the issue of lifting the parliamentary immunity of its client, MP Novynskyy”.
The UNBA regards such statements as restricting defence of citizens’ rights and interests, blocking the possibility of defending their legal position, and being a form of pressure on the public defender and discrediting him.
The letters informed about the offensive and derogatory characteristics of advocate Oleg Tatarov, which the Prosecutor General allowed to make immediately after the meeting of the Parliamentary Committee in the presence of media.
The UNBA also informed the European partners about the statements made by the Chief Military Prosecutor on 28 November 2016 in the air of one of the TV channels, which included a call for violence against an advocate in another high profile case.
The Ukrainian National Bar Association has all reasons to assert that the right of the accused to be presumed innocent was violated by this official’s public statement made in the media about the advocate. With his public statement, the Chief Military Prosecutor showed demonstrative disrespect to the constitutional role of defenders and the rights of all participants in the trial.
In appealing to the CCBE with the information about these cases, the UNBA indicated that they extend the practice of law enforcement agencies in discrediting the bar in general and defenders in high-profile and political cases in particular. Such actions of the PGO leadership contain a violation of several constitutional provisions, the specialist law, international standards protecting the rights of lawyers and judgments of the European Court of Human Rights.
The UNBA requested the CCBE to appeal to the leadership of the Prosecutor General’s Office with the explanation about the need to observe national and international law on the status of the bar and the entailing liability for its violation.Popular news
European integration
The UNBA presented the CCBE with an overview of legal reform and challenges
Reform of the legal profession, Ukraine’s European integration commitments, guarantees of the profession’s independence, and practices of bar self-governance in European countries — these issues were the subject of discussion at the Council of Bars and Law Societies of Europe (CCBE).
Rule of Law Roadmap
The UNBA is compiling the findings of the subgroups regarding the implementation of the Rule of Law Roadmap
Today, May 28, the Ukrainian National Bar Association hosted a meeting of the Coordination Bureau of the Working Group on the implementation of the Rule of Law Roadmap regarding the reform of the advocacy profession. Following a series of meetings by thematic subgroups, the work is now moving to the stage of consolidating proposals and preparing a coordinated package of recommendations.
Discussion
UNBA discussed removing barriers at border crossings for families with children with disabilities
Families of children with disabilities face additional requirements when traveling abroad, particularly regarding consular registration. What is happening and what changes are needed to remove these obstacles were discussed during the roundtable «Borders without barriers for families of children with disabilities».
Discussion
New rules, old problems: the UNBA discussed the work of the ETAIDF and MMC
The reform of medical-social assessment and military medical commissions has changed procedures but has not resolved practical issues. People face situations where documents are not issued, decisions are based on technicalities, assessments are delayed, and they struggle to demonstrate their actual health status in specific life situations.
Discussion
Co-parenting shouldn't be reduced to a 50/50 formula, — roundtable discussion
Following a divorce, joint custody can serve as a mechanism for ensuring equal parental rights. However, this model requires clear criteria and cannot be applied automatically without taking into account the child’s age, the level of conflict between the parents, the risk of violence, and the feasibility of enforcing the future decision.
Legislation
Penalties for errors in military registration require clear rules, – UNBA
The liability of officials for violations of military registration rules must be legally defined, proportionate, and effectively enforceable. Otherwise, the new fines will not protect citizens from registration errors but will create additional risks.
Educational events
How an advocate can find clients when starting a legal practice
Starting a law practice undoubtedly requires professional knowledge. At the same time, a clear understanding of one’s own area of specialization, clients, and communication channels is essential for success.
European integration
Lidiya Izovitova: In the context of European integration reforms, advocacy is a partner of the state, not a target of reform
The war has significantly altered the working conditions for advocates, while European integration has presented the profession with new institutional challenges. The ongoing negotiation process covers issues such as the rule of law, judicial independence, fundamental rights, justice, freedom and security.
Publications
Volodymyr Matsko Extradition during wartime: when the risks outweigh the request
Volodymyr Matsko Extradition as a systemic form of rights violations
Victoria Yakusha, Law and Business The anti-corruption vertical cannot «take care» of the Bar as an institution, - acting head of the HQDCB
Censor.net Protecting advocates – protecting justice: addressing concerns about the new law
Ihor Kolesnykov A BRIEF SUMMARY REGARDING THE APPLICATION OF THE ORDER ON EXTENDED CONFISCATION IN LATVIA REGARDING FINANCIAL ASSETS OF…
Valentyn Gvozdiy WORKING IN A WAR ZONE
Lydia Izovitova Formula of perfection
Sergiy Vylkov Our judicial system is so built that courts do not trust advocates