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
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
Legislation
Advocates have warned that the draft Labor Code would curtail workers' protections
Certain provisions of the draft Labor Code of Ukraine regarding collective labor disputes undermine labor protections and do not comply with constitutional and international standards.
Educational events
The right of minors to marry: how judicial oversight works
The issue of granting minors the right to marry lies at the intersection of family law, child protection, and judicial discretion. The UNBA Committee on family law dedicated a webinar held on March 30 to this very topic.
Interaction
The UNBA and the Coordination headquarters have agreed to cooperate in assisting those released from captivity
Servicemen released from captivity, family members of prisoners of war, civilians deprived of their personal liberty as a result of armed aggression, as well as persons missing in connection with the war, will gain additional opportunities to access legal assistance and protect their rights.
Self-government
BCU: The HCJ’s decisions undermine the constitutional guarantees of the independence of the advocacy profession
The Bar Council of Ukraine has concluded that, in its recent decisions, the High Council of Justice has, without legal grounds, called into question the right of bar self-governing bodies to protect the guarantees of legal practice and has, in effect, attempted to grant one of its members — who retains the status of an advocate — special immunity from the Rules of professional conduct and disciplinary responsibility.
Announcements
The Bar Council of Ukraine begins its meeting
Today, April 2, a meeting of the Bar Council of Ukraine is taking place in Kyiv. On the agenda are issues related to the activities of bar self-governing bodies, consideration of a decision by the High Council of Justice, a number of appeals, as well as a discussion of the current state and pressing issues regarding the functioning of the legal aid system.
Interaction
The UNBA and the National Guard have agreed to cooperate on legal protection for military personnel
Servicemembers of the National Guard, their family members, and veterans are to receive additional legal tools to protect their rights, while the National Guard’s legal services will receive methodological and expert support.
Interaction
Protecting the rights of service members: The UNBA and the Military Ombudsman have agreed on cooperation
Servicemembers, reservists, conscripts during training exercises, members of local community volunteer units, and other individuals covered by the Law «On the Military Ombudsman» should have better access to professional legal assistance.
Discussion
New Labor Code: advocates highlight the strengths and risks of the draft
The draft Labor Code contains a number of progressive provisions aimed at modernizing labor legislation: digitizing procedures, expanding forms of employment, and increasing transparency in wage payments. At the same time, certain systemic issues require further refinement.
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