Does the mobilization of a lawyer violate the human right to defense - conclusion of the Supreme Court
Article 335 of the CPC provides for the suspension of court proceedings only in cases where the accused was called up for military service during mobilization. However, this provision does not apply to the mobilization of a defense counsel.
This was pointed out by the Criminal Court of Cassation in case No. 127/2822/18, when it examined the issue of violation of the right to defense as a result of the replacement of defense counsel. The decision of 25.03.2025 was published in the Unified state register of court decisions.
The lawyer who provided defense in the criminal proceedings was mobilized to the Armed Forces of Ukraine on February 24, 2022. In early May, the court gave the defendant time (about a month) to conclude an agreement with another defense lawyer or to appoint a defense lawyer through the Free Legal Aid Center. However, he did not use this opportunity.
Then, by court order, he was assigned a defense counsel, who defended the defendant until the court was removed to the conference room.
Subsequently, the verdict was appealed on several grounds in appeal and cassation.
When filing the cassation appeal, the defense party, in particular, referred to the fact that the court found the person guilty in violation of his right to defense. After all, the court had unreasonably replaced the convict's lawyer.
However, the high judges, having analyzed the circumstances of the case, concluded that the appointment of a defense counsel from the Regional Center for Free Secondary Legal Aid, who had directly participated in court hearings during the trial, complied with the requirements of the law.
In view of this, the Court rejected this argument of the defense.
Popular news
Legislation
Proceedings against military personnel following AWOL require clear deadlines — UNBA
A soldier’s return to duty after AWOL does not necessarily mean the end of criminal proceedings. To ensure that the case does not remain at the pretrial investigation stage, a clear procedure for the investigator and prosecutor is required.
Legislation
The UNBA warned of the risk of customs barriers for Ukrainian paper and furniture
Ukraine’s anti-deforestation rules are intended to preserve export access to the EU market. However, without paper and furniture on the list of goods, without effective sanctions, and with enforcement beginning only in 2030, these rules could hinder that goal.
Legislation
Fines for loud exhaust — based on a standardized measurement method — UNBA
Measures to combat intentionally loud exhaust noises are justified, especially during wartime. However, as long as the law does not specify which noise standard to apply or how to measure it on the road, this new liability can be neither fair nor effective.
Guarantees of the practice of law
Guarantees for advocacy without protective measures: proposed changes to the codes
The current law sets forth the rights and guarantees of the legal profession, but lacks the tools to protect them. The future law on advocacy is intended to fill this gap through amendments to criminal, administrative and procedural legislation.
Legislation
Exceptions to the state prosecutor's representation in court must be consistent with the CCU's decision
To prevent the provisions of Article 23 of the Law «On the prosecutor’s office» from being declared unconstitutional again, the proposed amendments contained in the government’s draft law should be clarified.
Educational events
How can an advocate defend a client whose data is processed by the Interpol system?
The absence of a last name on the Interpol website does not necessarily mean that no one is looking for that person. How can you find out exactly what information police databases in 196 countries hold about a client, and does the removal of a record mean that the problems are behind you?
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.
Discussion
War-related business losses: from documenting damage to seeking sources of compensation
How can businesses document war-related losses without losing evidence during the recovery process? What does an insurance policy actually cover, and where can assets be found for recovery? These are the questions facing businesses for which a court ruling does not yet mean actual compensation.
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
