«Military advocates» have nothing to do with advocacy – UNBA statement

The activities of the «military advocates» who forcefully «repel» mobilized persons liable for military service in the TCC have nothing to do with legal practice based on the principles of the rule of law and legality.

This statement was made by Lidiya Izovitova, the President of the UNBA, BCU, commenting on information and videos circulating on social media about such «services» of unknown persons.

A lawyer has no right to resort to means and methods in his or her professional activities that contradict the current legislation or the Rules of Professional Conduct.

It is noted that lawyers today provide legal assistance to persons liable for military service, including in the premises of the TCC. At the same time, lawyers often suffer violations of professional rights and interference with the guarantees of the practice of law.

Here is the full text of the document:

Office of the Prosecutor General of Ukraine

Ministry of Defense of Ukraine

Ministry of Internal Affairs of Ukraine

State Bureau of Investigation

Security Service of Ukraine

Committee of the Verkhovna Rada of Ukraine on National Security, Defense and Intelligence

Committee of the Verkhovna Rada of Ukraine on Legal Policy

Committee of the Verkhovna Rada of Ukraine on Law Enforcement

OPEN STATEMENT

on the activities of «military advocates»

Videos and messages about so-called military lawyers in vans who «take» people from employees of territorial recruitment and social support centers for money are actively circulating on social media.

«In Kyiv, if you are taken in by a recruiting center or the police, you can contact a firm and they will instantly send several vans with strong guys. The vans will have the words «military advocates» on them. They will pick you up at the TCC and take you wherever you want to go. This service is paid for - about 3 to 4 thousand dollars. That is, in order not to pay the TCC, you can pay the bandits who will save you from the TCC», - says the author of one of the videos. In another, the same cars with the words «military advocates» are shown driving through the streets of the capital or simply standing in columns.

The National Bar Association of Ukraine states that there is neither a «military advocacy» in Ukraine nor persons with the legal status of «military advocates».

Currently, some individuals are trying to promote this idea. For example, former Deputy Minister of Defense Hanna Malyar spoke about the need for military lawyers in 2023 at the XVIII Forum of the Ukrainian Bar Association «Development of Legal Services». Also, lawyers Ilya Kostin, who serves in the Main Department of Military Justice, and Artem Donets actively supported the introduction of military lawyers in their comments to the media.

It is possible that unknown persons, calling themselves «military advocates», have already used this idea to commit illegal acts.

Therefore, the consequences are already tangible and cause concern. After all, the creation of the «military advocacy» as a separate institution poses risks to the established professional standards of the bar and threatens the independence of human rights activities and the effective protection of the rights of military personnel.

The Ukrainian National Bar Association states that the activities of «military advocates» who forcibly «repel» mobilized persons liable for military service in the TCC have nothing to do with the practice of law based on the rule of law and legality.

The Law of Ukraine «On the Bar and Practice of Law» names nine main types of legal practice. None of them involves the use of violent forms of influence, including on public authorities and their officials.

In their professional activities, lawyers have no right to resort to means and methods that contradict the current legislation or the Rules of Professional Conduct.

Today, lawyers provide legal assistance to persons liable for military service, including on the premises of the TCC. At the same time, lawyers often experience violations of their professional rights and interference with the guarantees of the practice of law.

The Bar Council of Ukraine, speaking in defense of the advocates, who were unreasonably accused by the Bucha District Territorial Center for Recruitment and Social Support of allegedly anti-state behavior aimed at disrupting mobilization tasks, emphasized that unreasonable accusations of advocates of committing professional actions that are actually the exercise of their legal powers and do not go beyond the current legislation are unacceptable. Such actions constitute a direct violation of the guarantees of the Practice of Law, as they actually mean interference and obstruction of the lawful professional activity of advocates.

The Ukrainian National Bar Association strongly condemns the cases of physical violence by unknown persons calling themselves «military advocates» against the officials of the territorial centers of recruitment and social support.

We emphasize that the bar protects the rights of persons liable for military service and military personnel exclusively within the limits established by the legislation of Ukraine and on the basis of the principles of legality and the rule of law. Lawyers provide legal defense using exclusively legal means and forms of professional activity. Such legal aid contributes to strengthening public confidence in the legal system and ensures a balance between the needs of national security and the protection of fundamental human rights.

The President of the Ukrainian National Bar Association,

of the Bar Council of Ukraine

L. Izovitova