BCU demands verification of authenticity of SSU letter on «dangerous» advocacy

The Bar Council of Ukraine will appeal to the head of the Security Service of Ukraine, Vasyl Malyuk, regarding the verification of information about «negative trends in the legal profession» disseminated by some media outlets on behalf of the SSU.

The decision was made during an extraordinary meeting of the BCU on May 14.

The official letter that prompted the meeting was published by the resource Idanlya.UA. The document refers to systematic measures aimed at «ensuring the sustainable functioning of the legal profession», which are allegedly being implemented on an ongoing basis by the SSU Office in Sumy region. These measures include gathering information about advocates, bar associations, and their clients; identifying media outlets and advertising agencies that advertise the services of advocates (with a view to exerting influence on them); and conducting preventive and explanatory work with advocates who, in the opinion of the SSU, violate professional ethics.

According to the President of the UNBA, BCU Lidiya Izovitova, the publication of such information may be part of a targeted campaign to discredit the legal profession in the public sphere, which began recently in connection with certain legislative initiatives to strengthen guarantees for the activities of lawyers. It appears that this campaign, aimed at delegitimizing the role of advocates as independent defenders, is being coordinated by those entities (representatives of grant-making organizations) that previously attempted to participate in the reform of the judicial system and are now seeking to reap political or financial dividends from the issue of bar reform.

The President of the UNBA, BCU, drew attention to the fact that the dissemination on social networks of the «letter from the SSU Office in Sumy Region», which was published without any official attributes on an unidentified resource, requires a clear legal qualification.

In this case, it is clearly a deliberate attempt to insinuate false information and a destructive narrative about a «dangerous advocacy» in order to give it the appearance of an official position of a state body. This not only discredits the institution of legal protection, but also undermines the authority of the special-purpose body responsible for the state security of Ukraine.

At the same time, if we assume that the document was indeed prepared by employees of the regional SSU, then this constitutes a disclosure of restricted information. The content of the information, in particular the tasks performed by officials, confirms violations by law enforcement officers of the Constitution and the laws «On the Security Service of Ukraine» and «On the Bar and the Practice of Law», as well as the commission of a number of crimes, including abuse of office and interference in the activities of a defense attorney.

In this regard, BCU member from the Khmelnytsky region Oksana Kadenko recalled that the independence of the bar is ensured by institutional separation. Law enforcement agencies, in particular the Security Service, have no leverage over the bar. If the authenticity of the letter is confirmed, this is a case of direct interference in the activities of a constitutional institution.

However, under any circumstances (whether the publication of fake information is confirmed or the authenticity of the document is confirmed), the Security Service of Ukraine must, as part of an official investigation, take measures to eliminate the violations identified and punish those responsible for them.

This opinion was expressed by BCU member from the Rivne region Hanna Lazarchuk. She also proposed that the Security Service of Ukraine provide a legal assessment of the legality of the measures (operational-search, counterintelligence) allegedly carried out by the regional authority against advocates and bar associations.

With regard to explanatory work, the BCU member stressed that regional bodies of the bar self-government and the Higher School of Advocacy constantly conduct measures to improve the professional level of advocates in various areas. Thus, in 2024-2025, 74 events on military topics and 143 on professional ethics were held. The UNBA could also organize training events for SBU employees to help them understand the essence, purpose, and legally defined tasks of the bar. This would help prevent violations against advocates.

In connection with the clear violation of guarantees for the activities of advocates and interference in the independence of bar self-government bodies, Vice President of the UNBA, BCU Valentin Gvozdiy also proposed in a separate letter to address the Chairman of the Verkhovna Rada and the Minister of Justice with a request to immediately begin the procedure for signing and subsequent ratification of the Council of Europe Convention on the Protection of the Profession of Advocate.