Problems of implementation of the Convention on the Protection of the Profession of Lawyer discussed in the Verkhovna Rada
On April 16, the Verkhovna Rada Committee on Legal Policy held a joint working meeting to discuss the feasibility of implementing the provisions of the Council of Europe Convention on the Protection of the Profession of Lawyer and introducing the necessary amendments to the current legislation.
The event was attended by Lidiya Izovitova, the President of the UNBA, BCU, Valentyn Gvozdiy, the Vice President of the UNBA, BCU, Igor Kolesnikov, the Secretary of the UNBA, Anna Lazarchuk, the member of the UNBA, Vadym Krasnyk, the Head of the UNBA Secretariat, Andriy Misiats, the acting Head of the High Qualification and Disciplinary Commission of the Bar and Viktor Vovnyuk, the Head of the Secretariat of the Commission.
The organizers explained the relevance of the event by saying that the adoption of the convention demonstrates the European community's increased attention to ensuring the independence of lawyers and their professional associations. In addition, the parliament receives appeals related to ensuring guarantees of the independence of the bar, protection of lawyers and the rule of law in Ukraine.
As a reminder, the Convention for the Protection of the Profession of Lawyer, as an international legal document, for the first time establishes legally binding guarantees for lawyers, including:
- protection from harassment, pressure and unlawful restrictions;
- the right to free exercise of professional activity without fear of reprisals;
- guarantees of preservation of the attorney-client privilege;
- unimpeded access to clients;
- protection from unreasonable state interference in human rights activities.
Today, violations of the rights of lawyers in Ukraine are systemic and occur on a daily basis, - L. Izovitova emphasized in her report. - There are numerous cases of interference in the practice of law by pre-trial investigation bodies, attempts to discredit lawyers in the public space, obstruction of access to clients, violation of attorney-client privilege, as well as threats and intimidation of lawyers, identification of lawyers with their clients, in particular, those lawyers who provide defense in high-profile or «unpopular» cases. In response to these challenges, the Ukrainian National Bar Association has independently created a mechanism for monitoring violations of the rights of lawyers.
The President of the UNBA, BCU said that in 2024 the association received 88 appeals with allegations of violations of professional rights and guarantees of the practice of law. And in the first quarter of this year alone, there were already 25 of them.
Cases of state interference in human rights activities have increased, in particular:
- bringing advocates to criminal liability for their legal position in cases, including in connection with the preparation by the advocate of procedural documents in the cases of his or her client
- identification with clients;
- listening to telephone conversations;
- inspection and seizure of documents containing the attorney-client privilege;
- interrogation of advocates as witnesses when they are defense counsels in the same cases;
- infliction of bodily harm to lawyers while providing legal aid.
«We regularly appeal to the President, the Verkhovna Rada, law enforcement agencies and international organizations to take action. But without enshrining international guarantees at the legislative level, this is not enough, - noted L. Izovitova. - Given the daily cases of violations of the rights of lawyers, it is extremely important that the Convention becomes binding for Ukraine as soon as possible».
Pursuant to Article 17 of the Convention, it is open for signature by member states of the Council of Europe, non-member states that participated in its development, and the European Union. Ukraine is a full member of the Council of Europe and participated in the development of the Convention on the Protection of the Profession of Lawyer.
«Supporting this convention is a signal to the whole society that the state recognizes the role of the bar as an equal and independent element of the justice system and really seeks to strengthen legal institutions», - summarized the President of the UNBA, BCU.
In this regard, the UNBA appealed to the Verkhovna Rada Committee on Legal Policy with a request:
- To initiate the issue of ratification of the Convention in the Parliament of Ukraine;
- Support all necessary procedures for its prompt consideration;
- To join the development of relevant amendments to national legislation.
Valentyn Gvozdiy, who was a representative of Ukraine in the Committee of Experts of the Council of Europe on the drafting of the international treaty, made a presentation on the content and legal consequences of the implementation of the Convention for MPs and other participants of the meeting.
Popular news
Legislation
A bill implementing the Convention on the Protection of the Professions of Lawyer has been introduced
The constitutional guarantees of legal aid, defense, and the independence of advocacy cannot be realized without protecting advocates from unwarranted interference in their professional activities, including searches, the seizure of professional materials and the use of criminal procedural mechanisms to exert pressure.
Abroad
The CCBE is discussing European justice and issues related to the protection of advocates
Today, October 2, a meeting of the Standing Committee of the Council of Bars and Law Societies of Europe (CCBE) is taking place in Brussels. On the agenda are the protection of the advocate profession, the rule of law, attorney-client privilege, and changes in the European justice system.
Rule of Law Roadmap
The UNBA presented the key provisions of the future law on advocacy in Brussels
The Ukrainian National Bar Association presented its proposals for the upcoming law on advocacy, aligned with the Rule of Law Roadmap. The presentation covered topics such as access to the profession, self-governance, disciplinary procedures, professional development and guarantees for the practice of advocacy.
Educational events
Advocates were taught to voice their complaints without making accusations
In a difficult conversation, it’s easy to confuse facts with opinions, feelings with accusations, and requests with demands. How can you express dissatisfaction, explain your own needs, and propose a specific solution while still allowing your conversation partner the opportunity to refuse or suggest an alternative?
Guarantees of the practice of law
Search of an advocate's office after client's acquittal: criminal complaint filed
In Kyiv, law enforcement officers conducted a search of the home of an advocate who had defended a client acquitted by the court and seized materials from the advocate’s case file. The proceedings were initiated shortly after the acquittal, even though the document they were searching for was already included in the court case file.
Guarantees of the practice of law
The paradoxes of urgency: is it possible to investigate a crime before it is committed?
On September 24 in Kyiv, National Police officers detained an advocate during an emergency search, having caught him in the act of committing a crime. At the time, the pretrial investigation in this case had already been ongoing for more than four months.
Guarantees of the practice of law
A side effect of the video conference: the judge mistook the sound of a chair for the advocate's response
Technology also has its downsides. The High Council of Justice acquitted a judge who failed to hear the advocates during court proceedings in a civil case. One of the arguments presented to the disciplinary body was poor connectivity, the risks of which are borne by the participants.
Guarantees of the practice of law
Unrestricted access to advocates' accounts poses a risk of client data disclosure — BCU
Information regarding transactions in the bank accounts of an advocate, a law firm, or a bar association from which clients can be identified, as well as the fact and subject matter of a request for legal assistance, the purpose of payments, and the amount of the fee constitutes attorney-client privilege. This rule applies regardless of whether the information also constitutes banking information and is in the possession of a bank.
Publications
Vasyl Kolishnyi, «Law and Business» Supporting mental health should become part of the professional culture of the Bar, - H. Udovenko
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
