BCU will appeal to the CCBE regarding the application of the presumption of guilt of an attorney, contained in the notice on the ECHR decision on the advocate Tselovalnychenko

Advocacy
20:05 Fri 14.12.18 293 Reviews
Print

Information notice on the decision of the ECHR concerning the presence of signs of fraudulent actions in the activities of a Ukrainian advocate and its dismissal from practice in the ECHR, in the event of compliance of the legal content of the ECHR decision to the official press release of the court, confirms the presumption of guilt of a an attorney in the practice of the European Court, which will continue to have negative consequences for all advocates in Ukraine and Europe.

As is known from the information provided by the ECHR, the Court found that, when submitting certain applications to the European Court, Mrs. Tselovalnychenko provided documents containing obvious indications of falsification, whereas, in a few other cases, she had lodged applications on behalf of the deceased, without informing the Court of the fact of their death. It was reported that the ECHR decided to prohibit Mrs. Tselovalnychenko to represent the applicants in connection with the provision of false information and abuse of the right to appeal to the Court.

The BCU stresses that the ECHR decision is based on the presumption of guilt of an attorney and this approach may have negative consequences not only for Ukrainian advocates but also for advocates in other European countries, where the ECHR decisions are a source of law. With this information the BCU appeal to the CCBE.

The RAU draws attention to the fact that the Court has previously declared the presumption of innocence of an attorney. Thus, the vector changed from the presumption of innocence to the presumption of guilt of an attorney. Such a precedent cannot be ignored by the European bar community.

In the context of the implementation of the law “On the Fulfillment of Decisions and Application of Practice of the European Court of Human Rights” Ukrainian national courts may apply a decision communicated by the ECHR on a Ukrainian advocate Tselovalnychenko as a source of law and to dismiss any Ukrainian advocate from participating in a proceeding. A similar practice can apply to advocates in European countries.

Popular news

Are Europe's advocacy associations prepared for a potential war? V. Gvozdiy shared lessons from the Ukrainian experience

War

Are Europe's advocacy associations prepared for a potential war? V. Gvozdiy shared lessons from the Ukrainian experience

The continuity of the bar’s self-governance, the protection of professional registries and archives, as well as equal guarantees of employment for advocates, judges, and prosecutors must be enshrined in advance in legislation in the event of war or another emergency.

9:42 Mon 14.09.26 131
How DISC helps manage «tigers», «monkeys», «elephants» and «turtles»

Educational events

How DISC helps manage «tigers», «monkeys», «elephants» and «turtles»

The same instruction from a manager may motivate one employee to take action, while leaving another without the necessary guidance. People perceive work tasks differently: for some, a deadline and the expected outcome are enough, while others need explanations, time or a detailed plan.

11:22 Tue 01.09.26 144
The Verkhovna Rada is preparing a bill to implement the Convention on the Protection of the Professions of Lawyer

Legislation

The Verkhovna Rada is preparing a bill to implement the Convention on the Protection of the Professions of Lawyer

Members of Parliament plan to introduce a bill in the near future to implement the main provisions of the Council of Europe Convention on the Protection of the Professions of Lawyer. This parliamentary initiative may also prompt the government to expedite the preparation of the ratification package.

12:13 Fri 28.08.26 174
What an advocate should consider when a fee dispute escalates into a complaint to the QDBC

Educational events

What an advocate should consider when a fee dispute escalates into a complaint to the QDBC

If an advocate files a lawsuit seeking to recover fees from a client, the client may in turn file a complaint with the High Qualification and Disciplinary Commission of the Bar in an effort to compel the advocate to withdraw the lawsuit. How do the advocacy’s disciplinary bodies handle such cases?

13:07 Wed 26.08.26 109
Veteran-advocates returning to the practice of law: the UNBA has prepared recommendations

Edition

Veteran-advocates returning to the practice of law: the UNBA has prepared recommendations

Military service is incompatible with the practice of law; therefore, an advocate suspends their practice for the duration of their service. However, upon returning, they must reinstate their right to practice law, refresh their knowledge and reestablish their organizational and digital processes.

10:56 Tue 25.08.26 102
Energy, focus and priorities: how an advocate should plan their day

Educational events

Energy, focus and priorities: how an advocate should plan their day

A rigid workday schedule becomes irrelevant when your routine depends on air raid alerts and disrupted sleep caused by nighttime explosions. Under such conditions, advocates should assess the resources they can actually manage.

17:27 Mon 24.08.26 106
The UNBA honored the winners of the «In the language of prose» contest and opened a fashion exhibition

Greetings

The UNBA honored the winners of the «In the language of prose» contest and opened a fashion exhibition

The competition was organized by the UNBA Committee on humanitarian issues and creative initiatives in cooperation with the Center for advocacy and legal research. Two dozen advocates from various regions of Ukraine submitted their works to the competition committee for consideration. The entries were evaluated based on originality, the relevance of the chosen topic and the level of technical skill.

17:39 Fri 21.08.26 129
What is holding back funding for gas-fired power generation – discussion between businesses and banks at the UNBA

Discussion

What is holding back funding for gas-fired power generation – discussion between businesses and banks at the UNBA

To provide loans for new gas-fired power generation projects, banks require a predictable cash flow, an investor’s equity contribution, and risk-sharing mechanisms. A business model that relies solely on a preferential gas price is not a sufficient basis for financing.

17:11 Fri 21.08.26 119

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

Оберіть файл