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 14.12.18 181 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

Advocate or lobbyist? The UNBA has presented a guide to distinguishing between the professions

Edition

Advocate or lobbyist? The UNBA has presented a guide to distinguishing between the professions

The Ukrainian National Bar Association has prepared a guide that helps distinguish between the legal status of an advocate and a lobbyist, explains the limits of permissible activities for each, and prevents possible violations of ethical and legal standards when participating in public policy-making.

18:42 Fri 24.10.25 101
Occupational safety during wartime: legal risks and employer liability

Discussion

Occupational safety during wartime: legal risks and employer liability

On October 21, the National Bar Association of Ukraine held a round table discussion on «Occupational safety in conditions of martial law». Participants discussed how the war has changed the requirements for safe working conditions, what guarantees remain for employees, and what responsibility employers bear for violations of legislation in this area.

13:17 Fri 24.10.25 133
The Czech advocacy has spoken out in defense of the professional independence of its Ukrainian colleagues

Abroad

The Czech advocacy has spoken out in defense of the professional independence of its Ukrainian colleagues

The Czech Bar Association (Česká advokátní komora, ČAK) will appeal to Ukrainian President Volodymyr Zelenskyy and Ukrainian authorities to ensure the preservation of the independence of advocacy in Ukraine.

17:28 Wed 22.10.25 113
When agreement is (im)possible: family disputes involving military personnel

Legal defence of military personnel

When agreement is (im)possible: family disputes involving military personnel

The number of family cases involving military personnel is growing, with the most common issues being divorce, division of joint property, alimony, deprivation or contestation of parental rights, adoption, establishment of guardianship, and cases related to domestic violence.

12:03 Wed 22.10.25 110
UNBA warned about the risks of uncoordinated changes regarding incapacitated persons

Legislation

UNBA warned about the risks of uncoordinated changes regarding incapacitated persons

The Ukrainian National Bar Association supports the idea of strengthening guarantees for persons declared legally incompetent by a court, but warns against adopting changes that are not coordinated with each other. To ensure real, rather than declarative, protection of rights, a systematic review of the provisions of the Civil Code and the Code of Civil Procedure is necessary.

12:06 Tue 21.10.25 114
Illegal mobilization of an advocate: UNBA achieved the opening of criminal proceeding

Guarantees of the practice of law

Illegal mobilization of an advocate: UNBA achieved the opening of criminal proceeding

In the case of the beating of a Zakarpattia advocate, the cancellation of his deferment and his forced mobilization, the Pechersky District Court of Kyiv ordered the Office of the Prosecutor General to immediately enter the information into the Unified Register of Pre-trial Investigations and initiate criminal proceedings.

13:32 Mon 20.10.25 106
BCU will request that rooms for advocates to work in be created in all TCC

Guarantees of the practice of law

BCU will request that rooms for advocates to work in be created in all TCC

The Bar Council of Ukraine will appeal to the General Staff of the Armed Forces and the Ministry of Defense with a request to set up separate premises for advocates to work in all territorial recruitment and social support centers.

18:23 Sat 18.10.25 101
BCU condemned information attacks on advocacy

Self-government

BCU condemned information attacks on advocacy

Bar Council of Ukraine strongly condemned the coordinated campaign to discredit advocacy, in particular the leadership of the Odessa region bar association. Protecting colleagues from manipulation and misrepresentation became a separate item on the agenda of the BCU meeting on October 17–18.

17:04 Sat 18.10.25 127

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

Оберіть файл