SSU official letter about «dangerous» advocacy turned out to be fake

The Security Service of Ukraine has officially denied the authenticity of a document that allegedly described threatening trends in the development of the advocacy profession. The text, which was previously published on a little-known website and distributed on Telegram channels, is not an official letter from the SSU.

This was stated in the response of the Department for the protection of national statehood of the Security Service to the appeal of the Bar Council of Ukraine.

Recall that in May, the resource Idanlya.UA published an «official letter» referring to systematic measures aimed at «ensuring the sustainable functioning of the advocacy institution». They were allegedly carried out on an ongoing basis by the SSU office in Sumy region. Among such measures were collecting information about advocates, bar associations, and their clients; identifying media outlets and advertising agencies that advertise the services of advocates (with the aim of exerting influence on them); and conducting preventive and explanatory work with advocates.

The Bar Council of Ukraine then held an extraordinary meeting. After all, if the document is genuine, it is a direct violation of the Constitution and laws of Ukraine. If it is fake, then it is a case of insinuation, which damages not only the authority of the advocacy, but also the state body in whose name the manipulation is being spread. In any case, the UNBA believed that the situation required legal assessment and response.

That is why Lidiya Izovitova, the President of the UNBA, BCU, initiated an appeal by the BCU to the SSU. She pointed to signs of a coordinated campaign to discredit the advocacy, which may be linked to current legislative initiatives to strengthen guarantees for the practice of law.

According to an official letter from the Security Service, the document published in May on its behalf «is not an official document (official letter) of the Security Service of Ukraine or an electronic copy thereof. In particular, the document does not contain the details required for official use: official letterhead, date, registration number, confidentiality classification, and information about the author».

The special-purpose state body also reported that the information provided by the Bar Council of Ukraine had been taken into account by the SSU in its operational activities.

Thus, the SSU refutes the authenticity of the document in circulation. However, the challenges faced by the advocacy community in connection with this situation remain relevant, both in terms of the limits of what is permissible in public communication on behalf of law enforcement agencies and in terms of mechanisms to ensure the independence of the advocacy institution. Therefore, the UNBA will report the criminal offense to law enforcement agencies.