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
Rule of Law Roadmap
Reform without data and advocacy: what the Ministry of Justice’s launch has revealed
The Ministry of Justice hosted the first meeting of the working group on bar reform. But instead of professional preparation of legislative changes, we saw exactly what Armada Network Director Dale Armstrong had spoken about the day before in Kyiv: not reform, but a struggle for control over the agenda through a narrow circle of “stakeholders” who create an echo chamber of influence for themselves.
Rule of Law Roadmap
Advocacy, European integration and the limits of intervention: an American report presented in Kyiv
Following its presentation in Brussels, the report «The Ukrainian advocacy in the context of the rule of law and European integration» made its way to Kyiv. It highlighted critical issues both in understanding the very nature of the self-governing profession and in the emergence of a «shadow market» surrounding the Ukrainian advocacy.
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
«Freedom or security» — a false formula: speech by L. Izovitova at the conference of bar presidents
Is the state protecting society from crime today, or is it gradually destroying the rule of law under the guise of this fight? These alarming trends were outlined by the President of the UNBA, BCU Lidiya Izovitova, during her speech at the 54th European Conference of bar presidents.
Discussion
AI in advocacy and justice: ethics, regulation, limits of application
The Ukrainian National Bar Association held a roundtable discussion entitled «Artificial Intelligence in the цork of advocates: ethics, responsibility, legal process engineering». Participants discussed how artificial intelligence systems are already being used in the professional activities of advocates and where the ethical boundaries of what is permissible lie.
European integration
Researchers from the USA explain how shadow reports became a grant service
Shadow reporting often becomes a tool for the grant economy and competition for influence on policy. Such «expertise» replaces impartial analysis with the delegitimization of bar self-government, masks conflicts of interest, and is used as a channel for external pressure on the institution.
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.
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