Violations of the advocates’ rights are not recognized by the State as a systemic problem — Hanna Boriak

Violations of the advocates’ rights and guarantees to practice of law are becoming a systemic problem, however, the State does not give them proper assessment.

“The pre-trial investigation bodies and the prosecution party use the law as an instrument to remove the advocate from the criminal process. Today, the violation of rights of the defense party is a State’s policy”, — said Hanna Boriak, the Head of the UNBA Committee on Protection of Advocates’ Professional Rights and Guarantees, at the international conference “UNBA: 5 Years of Success”, which took place on November 17.

The issue of violations of the advocates’ rights and guarantees to practice of law has repeatedly caused a resonance in society, however, there are no proper response from the authorities and their efforts to remedy the situation. The greatest concern is the lack of progress in the investigation of criminal cases involving the murder of advocates, beatings, illegal searches and damage to advocates’ property.

“The defense of the advocates’ rights and guarantees is today assigned to an independent structure – the Ukrainian National Bar Association and regional bar councils. The UNBA Committee on Protection of Advocates’ Professional Rights and Guarantees is constantly monitoring the observance of professional rights. At the same time, the Committee members are confronted with misunderstandings on the part of prosecutor’s office, the court, and the SSU. Now our rights are not simply ignored, but violated”, – said the Head of the Committee.

According to her, every day the Committee receives at least two applications from colleagues about violations against them and interference with their professional activities. Within the limits of its authority, the Committee holds roundtables and public discussions with representatives of law enforcement agencies, specialized educational institutions and the judiciary corps, as well as publishes specialized reports and methodological materials.

Video presentation of the speech, delivered by Hanna Boriak during the international conference “UNBA: 5 Years of Success” can be viewed here.