The UNBA appealed to the President and international partners concerning the events of 2 August

Advocacy
19:38 Tue 07.08.18 472 Reviews
Print

The Ukrainian National Bar Association appealed to the President of Ukraine, the management of law enforcement agencies and the Parliament, international organizations and diplomatic missions about the drastic aggravation of the situation around the legal profession as an independent constitutional institution for the protection of Human Rights.

The appeal detailed the events of 2 August, when during a meeting of the Qualification and Disciplinary Commission of the Bar (QDCB) of the city of Kyiv there happened a violent seizure of the UNBA premises. Participants of this event were people's Deputy Evhen Deydey (faction "People's Front") and people's Deputy of several convocations of the Verkhovna Rada Stepan Khmara.

Using the legal status of people's deputies, they secured passage to the UNBA premises to dozens of representatives of right-wing organizations, aggressively minded activists of public organizations related to various parliamentary political forces. Together they organized group actions and took an active part in them, which led to gross violation of public order and significant disruption of work of the Disciplinary Chamber of the QDCB of the city of Kyiv.

As a result of pressure and intimidation of members of the QDCB of the city of Kyiv on 2 August 2018 the Disciplinary Chamber of the QDCB of the city of Kyiv was unable, within their legal authority, to make a decision in the disciplinary proceedings concerning advocate Andriy Mamalyga.

In addition, the members of the Commission, in the form of an ultimatum, were required to provide documents that had no relationship to the issues on the agenda, the members of the Commission were forced not to leave the meeting room and not to move freely within the UNBA premises.

In plain sight of law enforcement officers there were numerous violations of the Law of Ukraine “On the Bar and Practice of Law” and the Criminal Code.

This situation of impunity of violence against advocates already occurred earlier at the time of congresses of advocates of Ukraine in 2014-2015, the violent seizure of participants of the meeting of the Bar Council of Ukraine and facilities of the Ukrainian National Bar Association, as a result of which there was blocked the activity of the bar self-government bodies.

"In fact, the feeling of impunity of radical organizations and some political forces are now seeking to get all the tools for the destruction of the constitutional institute of protection. By destroying all the principles of legality, rule of law and equality of citizens in their rights, radicals, their instigators and patrons seek to physically remove the advocates from performing their professional duties. In fact, their destructive acts aim not only at advocates elected to the bar self-government bodies, and advocates in high-profile criminal cases, but at the basic principles of equality of citizens in their rights, including everyone's right to professional legal assistance. This right is guaranteed by the state and cannot be determined by the ideologies of radical organizations or political parties. It is dangerous if this trend will extend to other citizens' rights to a fair trial, the right to elect and be elected", the appeal says.

Andriy Mamalyga holds the position of representative of the Parliament Commissioner for Human Rights, Lyudmila Denisova, until recently being the Deputy of the Verkhovna Rada of Ukraine of the already mentioned faction “People's Front”. At the time, Mamalyga was also a candidate for the position of Ombudsman, who publicly supported the faction of the Radical Party, because he was the advocate of one of the members of the RPL Igor Mosiychuk. It is noteworthy, that Mamalyga was proposed as a candidate to the position of Ombudsman by a meeting of advocates, illegitimately proclaimed "Conference of Advocates of the city of Kyiv", and public organization "Ukrainian Union of Participants of Hostilities in the ATO Zone", he is founder himself thereof.

"In the current situation, when the office of the Ombudsman is formed of politically engaged individuals with understanding of human rights which is far from European standards, and ignores the appeals of UNBA concerning the attacks against individual advocates and the violent attack on the legal profession as a constitutional institution, it becomes apparent that the party principle is inappropriate in the formation of the office of the Commissioner for Human Rights and own determining of candidates to the position of Ombudsman", the appeal says.

The UNBA considers this situation as unacceptable and such that requires the attention of not only the leadership of the state, but the international democratic community, since it is the  case of targeted destruction of the basis of the rule of law.

It is dangerous to have the consequences of further impunity of such illegal actions, which will be deprivation of people's right to effective legal assistance and protection from criminal prosecution. Citizens of Ukraine will be defenseless in protecting their rights and legitimate interests.

The UNBA appeals to provide immediate and comprehensive assistance in restoration of advocates' rights and guarantees stipulated by the current legislation of Ukraine and international treaties, the restoration of constitutional human rights in Ukraine to legal assistance and protection.

The appeal of the UNBA dating 1 August 2018 to the leadership of the state and to the international community about the destruction of the bar

Popular news

Ukraine has signed the Convention for the Protection of the Profession of Lawyer

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.

13:58 Mon 09.03.26 143
A translation of the report on advocacy presented to the European Parliament has been published

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.

16:54 Mon 23.02.26 171
How to formalize discharge from military service: practical workshop

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.

14:51 Mon 23.02.26 145
The Verkhovna Rada Committee criticized the format of the government working group on advocacy

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.

17:48 Fri 20.02.26 175
The BCU demands a review of the composition of the government working group on reforming the advocacy profession

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.

18:42 Thu 19.02.26 198
The President has determined, who will sign the Convention for the Protection of the Profession of Lawyer

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.

18:21 Wed 18.02.26 176
After the war amnesty for criminals or exemption from responsibility?

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.

10:44 Thu 12.02.26 118
Why lowering the age of marriage lacks legal logic

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.

15:03 Wed 11.02.26 524

Надішліть файл із текстом публікації у форматі *.doc, фотографію за тематикою у розмірі 640х400 та Ваше фото.

Оберіть файл