The Committee on Protection of Advocates’ Professional Rights has made a statement about the inaction of law enforcement agencies in defending the advocates' guarantees to practice law
On 10 August, the Committee on Protection of Advocates’ Professional Rights and and Guarantees to Practice Law made a statement about of disengagement of the state and law enforcement agencies from combating violations of advocates' rights.
This was stated by the Chairman of the Committee Hanna Boriak during a press conference have a theme "Attack on the legal profession as the state policy aimed at violation of advocates' rights and guarantees to practice law”.
"Today we state the facts as to the following. The first fact is the absence in the state of the obligation to be responsible for the advocate's guarantees. The second fact that we note today, is the use of force as a convicting reason for the legal position of the prosecution. And the third fact is the intimidation of advocates and interference with advocates' activity, in particular, on the part of representatives of the Ministry of internal Affairs. Representatives of the Ministry of internal Affairs intervening in advocacy activities cover up for representatives of quasi public organizations in their attempts to break into the UNBA office, to threaten the advocates in social media, to use force towards advocates as the argument in favour of the need to get a lawyer to remain silent," said Hanna Boriak.
According to her, such cases occur with actual support of law enforcement agencies. The appeals regarding the investigation of violations of advocate's rights remain without an adequate response.
"In our state we have to come to the conclusion that an advocate must provide legal assistance to another advocate to protect colleagues against inaction of law enforcement bodies", said the Deputy Chairman of the Committee Igor Kolesnikov.
The bar community is outraged by the fact that during only two weeks at the end of July and beginning of August there were registered more than 10 violations of rights and guarantees to practice law.
"Today I receive threats at my address which I take with an uneasy heart. After all, mixing of our identity with that of a client is probably the most terrible situation. My corresponding appeal has been registered, information entered into the state register under article 399/1 of the Criminal Code of Ukraine, concerning the fact that I was beaten in the courtroom, on 7 July, in the Court of Appeal of the city of Kiev. These actions were reclassified by the investigation as the second part, because at the moment there is a medical examination conclusion that I suffered minor injuries according to the criterion of the duration of the health examination," said about his beating in the court of Appeal of the city of Kyiv the Deputy Chairman of the Committee on protection of human rights at UNBA, advocate Oleg Povalyaev.
According to the advocate Cateryna Karmazina, crimes against advocates are now ignored and are not given publicity.
"The whole country remained unaware of the beating of advocate Yuri Karmazin, and secondly in front of the whole country they showed that if you do not plead guilty in committing any crime, you will be transported to areas unknown for your relatives and your advocate for torturing", she said.
On interference in the activities of the bar self-government bodies there spoke a member of the Qualification and Disciplinary Commission of the city of Kyiv Tetiana Gnatiuk.
"On 2 August during a meeting of the QDCB a large number of people including deputies and and so-called activists broke into the meeting hall. We had no opportunity to go to another room or to make a decision due to the fact that we were blocked and were not allowed to go out for about 4 hours. The most interesting is that police officers were present during these actions and saw everything with their very eyes, they heard our requests to stop these illegal actions, but they just ignored us. It all happened with the support of the people's deputies Deydey and Khmara. Thus, all this suggests that active interference with advocacy, with the work of the bar self-government bodies with the aim to "break down" the Ukrainian National Bar Association, to subdue and dictate the rules and make us obey these requirements," - said Tetiana Gnatiuk.
Now Ukrainian advocates are working on the creation of an international mechanism for their protection.
The Chairman of the Chairman of the Committee on Protection of Advocates’ Professional Rights and Guarantees to Practice Law under UNBA Hanna Boriak appealed to the Minister of Internal Affairs Arsen Avakov with a request to give a legal assessment of the events that happen with the attack on lawyers and interference with the activities of self-governing bodies by groups with unknown persons.
Popular news
Guarantees of the practice of law
Ukraine has signed the Convention for the Protection of the Profession of Lawyer
Today, on 9 March, Ukraine's Permanent Representative to the Council of Europe Mykola Tochytskyi signed the Council of Europe Convention for the Protection of the Profession of Lawyer. This makes our country the 28th to sign this important international treaty.
European integration
A translation of the report on advocacy presented to the European Parliament has been published
A translation of a research report on the Ukrainian advocacy profession in wartime, previously presented to the European Parliament in Brussels, has been published. The document is presented as a basis for discussion on the rule of law, Ukraine's European integration aspirations, and countering Russian disinformation in the legal sphere.
Legal defence of military personnel
How to formalize discharge from military service: practical workshop
The issue of discharge from military service remains one of the most pressing and complex for Ukrainian defenders and their families. Due to constant changes in legislation, military personnel often face refusals to discharge them from service or even to consider their reports.
Legislation
The Verkhovna Rada Committee criticized the format of the government working group on advocacy
The implementation of the Roadmap on the rule of law (approved by Cabinet of Ministers Resolution No. 475-r of May 14, 2025) in relation to advocacy raises the practical question of who exactly should prepare legislative changes and how.
Self-government
The BCU demands a review of the composition of the government working group on reforming the advocacy profession
The President of the UNBA, BCU Lidiya Izovitova, appealed to the Cabinet of Ministers of Ukraine to review the composition of the working group on improving legislation in the field of advocacy and legal practice.
Guarantees of the practice of law
The President has determined, who will sign the Convention for the Protection of the Profession of Lawyer
President of Ukraine Volodymyr Zelenskyy authorized Ukraine's Permanent Representative to the Council of Europe Mykola Tochytskyi to sign the Council of Europe Convention for the Protection of the Profession of Lawyer.
Legislation
After the war amnesty for criminals or exemption from responsibility?
To ensure national reconciliation, rehabilitation of persons who have been persecuted for political reasons, restoration of justice, and establishment of lasting peace, it is proposed to introduce an amnesty after the war.
Discussion
Why lowering the age of marriage lacks legal logic
Although until 2012 there was a provision in family law that allowed children to marry from the age of 14 under certain circumstances, its return to Ukrainian law would contradict international obligations and the logic of criminal law.
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