Does the mobilization of a lawyer violate the human right to defense - conclusion of the Supreme Court

Advocacy
16:46 Fri 02.05.25 479 Reviews
Print

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

Reform without data and advocacy: what the Ministry of Justice’s launch has revealed

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.

16:42 Mon 23.03.26 127
Advocacy, European integration and the limits of intervention: an American report presented in Kyiv

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.

15:26 Fri 20.03.26 135
Organization of advocacy: subgroup agrees on approaches to regulatory reform

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.

18:03 Mon 16.03.26 113
Ukraine has signed the Convention for the Protection of the Profession of Lawyer

Guarantees of the practice of law

Ukraine has signed the Convention for the Protection of the Profession of Lawyer

Today, on 9 March, Ukraine's Permanent Representative to the Council of Europe Mykola Tochytskyi signed the Council of Europe Convention for the Protection of the Profession of Lawyer. This makes our country the 28th to sign this important international treaty.

13:58 Mon 09.03.26 339
Detention as a rule: the UNBA discussed standards for proving risks

Discussion

Detention as a rule: the UNBA discussed standards for proving risks

The state interferes most intensively with the human right to liberty when choosing a preventive measure. At this stage, the standard of proof of risk becomes the actual measure of the real meaning of the presumption of innocence.

17:36 Thu 05.03.26 106
«Freedom or security» — a false formula: speech by L. Izovitova at the conference of bar presidents

European integration

«Freedom or security» — a false formula: speech by L. Izovitova at the conference of bar presidents

Is the state protecting society from crime today, or is it gradually destroying the rule of law under the guise of this fight? These alarming trends were outlined by the President of the UNBA, BCU Lidiya Izovitova, during her speech at the 54th European Conference of bar presidents.

11:18 Wed 04.03.26 178
AI in advocacy and justice: ethics, regulation, limits of application

Discussion

AI in advocacy and justice: ethics, regulation, limits of application

The Ukrainian National Bar Association held a roundtable discussion entitled «Artificial Intelligence in the цork of advocates: ethics, responsibility, legal process engineering». Participants discussed how artificial intelligence systems are already being used in the professional activities of advocates and where the ethical boundaries of what is permissible lie.

13:28 Fri 27.02.26 165
The Roadmap does not provide for the dismantling of the current model of advocacy — report

European integration

The Roadmap does not provide for the dismantling of the current model of advocacy — report

The Roadmap on the rule of law is not a law, directive, or other binding regulatory act and, accordingly, does not establish direct legal obligations regarding a specific institutional model of bar self-government.

15:35 Thu 26.02.26 104

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

Оберіть файл