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
Interaction
Protecting the rights of service members: The UNBA and the Military Ombudsman have agreed on cooperation
Servicemembers, reservists, conscripts during training exercises, members of local community volunteer units, and other individuals covered by the Law «On the Military Ombudsman» should have better access to professional legal assistance.
Rule of Law Roadmap
Reform without data and advocacy: what the Ministry of Justice’s launch has revealed
The Ministry of Justice hosted the first meeting of the working group on bar reform. But instead of professional preparation of legislative changes, we saw exactly what Armada Network Director Dale Armstrong had spoken about the day before in Kyiv: not reform, but a struggle for control over the agenda through a narrow circle of “stakeholders” who create an echo chamber of influence for themselves.
Rule of Law Roadmap
Advocacy, European integration and the limits of intervention: an American report presented in Kyiv
Following its presentation in Brussels, the report «The Ukrainian advocacy in the context of the rule of law and European integration» made its way to Kyiv. It highlighted critical issues both in understanding the very nature of the self-governing profession and in the emergence of a «shadow market» surrounding the Ukrainian advocacy.
Discussion
ETAIDF and MMC: where the system fails
The new system for assessing a person’s daily functioning and the practice of undergoing medical-legal examinations have already raised numerous questions — ranging from unclear procedures to difficulties in appealing decisions. These issues were examined by advocates during the roundtable discussion «Problematic issues of the ETAIDF and MMC», organized by the UNBA Committee on the protection of the rights of persons with disabilities and the All-Ukrainian public organization «Human rights union of persons with disabilities».
Rule of Law Roadmap
Access to the advocate profession: a subgroup has identified the direction of change
On Monday, March 16, a meeting was held of the subgroup «Access to the profession and training of advocates. Organizational forms of legal practice» of the Working Group on the implementation of the Rule of Law Roadmap.
Rule of Law Roadmap
Organization of advocacy: subgroup agrees on approaches to regulatory reform
On March 13, a meeting was held of the «Organization of the advocacy and self-government» subgroup of the Working Group on the implementation of the Rule of Law Roadmap regarding bar reform. The event was conducted via videoconference.
Abroad
Where does legal information end and legal assistance begin?
Law firms find themselves in a dilemma: they want to make the most of artificial intelligence, but at the same time, more and more people are entrusting their legal matters to large language models. And this, as experts point out, entails countless risks.
Guarantees of the practice of law
During a search of an advocate's office in Kyiv a telephone was seized and personal records were examined
Detectives from the National Anti-Corruption Bureau of Ukraine conducted a search of the office of a Kyiv law firm as part of criminal proceedings under Part 1 of Article 366-2 (False Declaration) and Article 368-5 (Illegal Enrichment) of the Criminal Code.
Publications
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
Sergiy Vylkov Our judicial system is so built that courts do not trust advocates
