SAP's statement about judge-lawyer mafia will be evaluated by the QDCP

Advocacy
12:34 Mon 14.04.25 273 Reviews
Print

Public generalizations about a person's guilt contained in a publication of the Specialized Anti-Corruption Court violate the presumption of innocence, indicate improper performance of duties by the head, defame the title of prosecutor, and are grounds for disciplinary liability.

Advocate Rostyslav Kravets filed a complaint with the Qualification and Disciplinary Commission of Prosecutors.

In early April, the High Anti-Corruption Court, at the request of a prosecutor from the Specialized Anti-Corruption Court, imposed a preventive measure of detention on the suspected judge. The judge is suspected of allegedly being part of a group that helped men subject to military service to illegally travel abroad and receive a deferral from mobilization.

After the HACC meeting, the SAP telegram channel published a post with the headline «HACC imposed a preventive measure on a sitting judge - a member of the judicial and lawyer mafia in Odesa region».

This publication was the basis for filing a complaint with the QDCP, since, as the applicant noted, the application of a preventive measure is not a basis for such public generalizations about a person's guilt.

According to the Constitution and the CPC, a person is presumed innocent of committing a criminal offense and cannot be subjected to criminal punishment until his or her guilt is proven in accordance with the procedure provided for by the CPC and established by a court verdict that has entered into force. Therefore, charging a person whose guilt in committing a criminal offense has not been established by a court verdict that has entered into force is a direct violation of the presumption of innocence.

In addition, the complaint states that the content of the publication undermines the prestige of the bar and legal profession in general in the country, which leads to a loss of respect and trust in this institution. At the same time, the SAP with these statements commits actions that actually discredit the judiciary.

According to the Regulation on the SAP, its head is responsible for general management of the SAP, determines the main activities of its structural units, organizes, directs and controls the work of subordinate employees. At the same time, the SAP employees are responsible for violation of the Prosecutor's Oath, the Code of Professional Ethics and Conduct of Prosecutors, and official and labor discipline.

Since the Specialized Anti-Corruption Court is currently headed by Oleksandr Klymenko, the complainant believes that he is responsible for the unacceptable behavior of the body. In particular, it is a violation of the requirements stipulated by Article 19 of the Law “On the Prosecutor's Office”, Articles 11, 16, 21 of the Code of Professional Ethics and Conduct of Prosecutors, which manifested itself in the admission of unprofessional behavior that discredits the SAP as a prosecutorial body in the eyes of citizens, and the commission of actions that discredit the title of prosecutor and may raise doubts about his objectivity, impartiality and independence, as well as the honesty and integrity of the prosecutor's office.

In view of the above, the lawyer asks the QDCP to bring O. Klymenko to disciplinary responsibility in the form of dismissal.

Popular news

Police to investigate the NACP's attempts to reform advocacy

Guarantees of the practice of law

Police to investigate the NACP's attempts to reform advocacy

The Office of the Prosecutor General has opened a criminal investigation into alleged abuse of power by employees of the National Agency for Corruption Prevention.

13:32 Wed 29.04.26 109
The UNBA and the Council of Judges of Ukraine are expanding their professional dialogue

Interaction

The UNBA and the Council of Judges of Ukraine are expanding their professional dialogue

On April 24, a working meeting was held between the President of the UNBA, BCU Lidiya Izovitova and the Chairman of the Council of Judges of Ukraine Vitaliy Salikhov. Topics discussed included formats for cooperation between bar and judicial self-governing bodies, the development of joint ethical standards, and the formation of a Selection Committee for the recruitment of members of the High Council of Justice.

12:34 Mon 27.04.26 117
The model for legal assistance to veterans was discussed at the UNBA

Legal defence of military personnel

The model for legal assistance to veterans was discussed at the UNBA

A working meeting was held at the Ukrainian National Bar Association, during which representatives of the advocacy profession, the Ministry of Veterans Affairs of Ukraine and a foreign expert discussed approaches to providing legal aid to veterans, the role of the advocacy profession in this system, and the experience of other countries.

18:07 Mon 20.04.26 190
The CJU has endorsed guarantees of the legal profession’s independence and has proposed a meeting with the BCU

Guarantees of the practice of law

The CJU has endorsed guarantees of the legal profession’s independence and has proposed a meeting with the BCU

The Council of Judges of Ukraine has responded to a letter from the Bar Council of Ukraine regarding the inadmissibility of the High Council of Justice granting immunity to a member of the High Council of Justice — a privilege not provided for by law — as well as regarding violations of constitutional guarantees of the independence of the legal profession and attorney-client privilege.

18:24 Fri 17.04.26 166
The UNBA and the Ministry of Veterans are expanding their cooperation

Interaction

The UNBA and the Ministry of Veterans are expanding their cooperation

War veterans, their family members, as well as the family members of fallen Defenders of Ukraine are to receive improved access to professional legal assistance and additional opportunities for independent legal protection.

16:27 Mon 13.04.26 187
Advocates have warned that the draft Labor Code would curtail workers' protections

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.

11:47 Thu 09.04.26 261
The UNBA will develop professional standards for advocates

Appointment

The UNBA will develop professional standards for advocates

The Ukrainian National Bar Association has established a Committee on Standards of the Legal Profession, whose work will focus on developing uniform approaches to the professional duties of advocates, competency requirements, continuing education, and the protection of attorney-client privilege.

13:39 Wed 08.04.26 112
Representatives from the Ministry of Veterans Affairs and the UNBA discussed veterans' access to justice

Legal defence of military personnel

Representatives from the Ministry of Veterans Affairs and the UNBA discussed veterans' access to justice

On April 3, a working meeting was held at the Ministry of Veterans Affairs of Ukraine with representatives of the Ukrainian National Bar Association, dedicated to improving the effectiveness of legal protection for war veterans and their families.

16:17 Tue 07.04.26 210

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

Оберіть файл