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
The process of signing the Convention on the protection of the profession of advocate was taken under control by t…
The Ministry of Justice sent the text of the translation of the Council of Europe Convention on the protection of the advocate to the Ministry of Foreign Affairs «for review and approval». The main legal authority also expressed its support for the Ministry of Foreign Affairs regarding the signing and ratification of this Convention.

Discussion
Without the protection of advocates, there will be no fair trials in Ukraine — forum in Odesa
Identifying an advocate with their client undermines the foundations of justice, as it deprives individuals of the opportunity to exercise their right to defense, forces advocates to avoid participating in high-profile cases, and ultimately renders procedural guarantees meaningless. Without this, fair trial is impossible.

Guarantees of the practice of law
The number of cases where advocates are identified with their clients is growing – UNBA report
Advocates are increasingly being held hostage to political processes, with them being equated with their clients. Such actions undermine the independence of the profession and create an atmosphere of intimidation, as a result of which Ukrainian citizens are deprived of their right to defense.

Legislation
What data is sufficient to initiate an investigation – UNBA comments on draft law No. 12439
The problem of law enforcement pressure on business remains one of the most acute for the Ukrainian economy. The lack of regulation of certain procedures in the Criminal Procedure Code leads to abuses, as a result of which entrepreneurs find themselves in a state of legal uncertainty.

Guarantees of the practice of law
Law on advocacy and the Council of Europe Convention: the UNBA assessed compliance (comparative table)
The Ukrainian National Bar Association has prepared and published a comparative table showing the extent to which Ukrainian legislation complies with the provisions of the Council of Europe Convention on the protection of the profession of advocate.

Guarantees of the practice of law
The Verkhovna Rada is waiting for the Minister of Justice to take action on signing the Convention on the protection of t…
Ukraine, which was directly involved in the preparation of the world's first Council of Europe Convention on the protection of the profession of advocate, has still not signed it. There appear to be no formal objections, but no real steps have been taken towards accession either.

Abroad
Australian advocate apologizes in court for fake AI quotes
In Australia, a royal advocate apologized to a judge for submitting documents in a criminal case against a teenager accused of murder that contained fabricated quotes and non-existent court decisions generated by artificial intelligence.

Legislation
Support for the defense industry should not upset local budgets, - UNBA
It is necessary to create additional incentives for enterprises in the defense and industrial complex, while ensuring the balance of the budget system and the predictability of both revenues and expenditures of local self-government.
Publications

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

Iryna Vasylyk Advocacy in the proclamation of Independence of Ukraine

Oleksandr DULSKY When we cross the border of the Supreme Anti-Corruption Court, we get into another department of the National Anti-Corruption…

Vadym Krasnyk The UNBA will work, and all obstacles and restrictions are only temporary inconveniences