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 14.12.18 257 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

Preparations for the ratification of the Convention on the Protection of the Professions of Lawyer are in the final stages

Guarantees of the practice of law

Preparations for the ratification of the Convention on the Protection of the Professions of Lawyer are in the final stages

On June 9, the Verkhovna Rada Committee on legal policy held a working meeting to prepare for the ratification of the Council of Europe Convention on the Protection of the Professions of Lawyer. The Ministry of Justice and the Ukrainian National Bar Association agreed on approaches to draft laws regarding the ratification and implementation of the Convention. Participants have been given 10 days to prepare the draft laws that will be submitted for consideration.

13:01 Thu 11.06.26 126
Internships at German law firms: IRZ is accepting applications from Ukrainians

Announcements

Internships at German law firms: IRZ is accepting applications from Ukrainians

In 2026, the German Foundation for International Legal Cooperation (IRZ) plans to organize a multilateral internship program for young advocates from partner countries. Participants will attend an introductory seminar in Bonn and complete internships at law firms in Germany.

10:51 Thu 11.06.26 133
Restrictions on the right to legal assistance in pretrial detention centers are unacceptable – statement by the BCU

Guarantees of the practice of law

Restrictions on the right to legal assistance in pretrial detention centers are unacceptable – statement by the BCU

The Bar Council of Ukraine has stated that it is unacceptable to restrict the right to professional legal assistance, the guarantees of legal practice, and the confidentiality of communications between advocates and clients in pretrial detention facilities operated by the State Criminal-Executive Service of Ukraine.

19:17 Tue 09.06.26 155
The UNBA presented the CCBE with an overview of legal reform and challenges

European integration

The UNBA presented the CCBE with an overview of legal reform and challenges

Reform of the legal profession, Ukraine’s European integration commitments, guarantees of the profession’s independence, and practices of bar self-governance in European countries — these issues were the subject of discussion at the Council of Bars and Law Societies of Europe (CCBE).

14:39 Mon 01.06.26 212
The UNBA is compiling the findings of the subgroups regarding the implementation of the Rule of Law Roadmap

Rule of Law Roadmap

The UNBA is compiling the findings of the subgroups regarding the implementation of the Rule of Law Roadmap

Today, May 28, the Ukrainian National Bar Association hosted a meeting of the Coordination Bureau of the Working Group on the implementation of the Rule of Law Roadmap regarding the reform of the advocacy profession. Following a series of meetings by thematic subgroups, the work is now moving to the stage of consolidating proposals and preparing a coordinated package of recommendations.

18:53 Thu 28.05.26 173
UNBA discussed removing barriers at border crossings for families with children with disabilities

Discussion

UNBA discussed removing barriers at border crossings for families with children with disabilities

Families of children with disabilities face additional requirements when traveling abroad, particularly regarding consular registration. What is happening and what changes are needed to remove these obstacles were discussed during the roundtable «Borders without barriers for families of children with disabilities».

17:13 Thu 28.05.26 160
New rules, old problems: the UNBA discussed the work of the ETAIDF and MMC

Discussion

New rules, old problems: the UNBA discussed the work of the ETAIDF and MMC

The reform of medical-social assessment and military medical commissions has changed procedures but has not resolved practical issues. People face situations where documents are not issued, decisions are based on technicalities, assessments are delayed, and they struggle to demonstrate their actual health status in specific life situations.

16:18 Wed 27.05.26 169
Reports from digital platforms should not disclose attorney-client privilege – UNBA

Legislation

Reports from digital platforms should not disclose attorney-client privilege – UNBA

The introduction of automatic exchange of income information via digital platforms is linked to Ukraine’s fulfillment of its international obligations and the alignment of its legislation with EU rules. However, the new tax regime should not create a mechanism through which tax authorities would obtain data on clients’ communications with advocates.

11:14 Thu 21.05.26 102

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

Оберіть файл