Those who equate advocates with clients will be fined – law passed

Public identification of an advocate with a client to whom such advocate provides professional legal assistance will become an administrative offense, and forms of interference in the activities of an advocate, for which liability is provided for in Article 397 of the Criminal Code, are detailed.
Today, July 16, the Verkhovna Rada adopted the Law «On amendments to the Code of Ukraine on Administrative Offenses and the Criminal Code of Ukraine to ensure compliance with guarantees of advocacy».
The Ukrainian National Bar Association welcomes this decision of the parliament, as it allows for the formation of a clear mechanism for responding to violations of the rights of advocates and guarantees of their activities, in particular, cases of pressure, public discrediting, and identification with clients, which contradicts the principle of independence of the advocacy profession.
Lidiya Izovitova, the President of the UNBA, BCU, expressed her special gratitude to the authors of Draft Law No. 12320 - Grigory Mamka, Vyacheslav Medianyk, Maksym Buzhansky, Serhiy Ionushas, Serhiy Mink, Volodymyr Zakharchenko, the leadership and members of the Verkhovna Rada Committee on law enforcement and the Verkhovna Rada Committee on legal policy, as well as all members of parliament who supported the legislative initiative.
«The adopted law is a concrete response to the systemic problem of identifying advocates with their clients and the lack of effective protection against interference in the practice of law. This is an important step towards ensuring that advocates can work without pressure and with respect for their professional status, as required by the Constitution of Ukraine and international standards», - said L. Izovitova.
According to the Law, a separate Article 185-16, «Violation of the prohibition on identifying a lawyer with a client» will be added to the Code of Ukraine on Administrative Offenses:
«1. Public, including through the media, journalists, public associations, professional unions, digital platforms, social networks, identifying a lawyer with a client to whom such lawyer provides professional legal assistance, committed without the intent to obstruct the lawyer's performance of his or her statutory powers to defend, represent, and provide other types of legal assistance to the client, -
shall entail the imposition of a fine on citizens of between two hundred and three hundred non-taxable minimum incomes and on officials of between three hundred and four hundred non-taxable minimum incomes.
2. An act provided for in part one of this article, committed by a person who has been subject to administrative penalties for the same violation within a year, -
shall entail the imposition of a fine of six hundred to eight hundred non-taxable minimum incomes.
The article will also contain a note explaining the meaning of the term «identification of an advocate with a client» – any identification (association, linking) of an advocate with a client, with the activities or actions of his client, which creates a biased attitude towards the advocate, indicates the personal involvement of the advocate in the client's case, affects the independent status of the advocate and/or exerts negative pressure during the performance of advocacy activities, and/or violates the guarantees of advocacy activities, and/or impedes the exercise of the rights of the advocate provided for by the Law of Ukraine «On advocacy and advocacy activities».
Cases involving such administrative offenses will be considered by judges of district, city, or city district courts. Protocols will be drawn up by the chairmen of regional bar councils or a member of the bar council authorized by the BCU.
In addition, the Law amends Article 397 (Interference in the activities of an advocate) of the Criminal Code.
Today, criminal liability is established for «any form of obstruction of the lawful activities of a defender or representative of a person in providing legal assistance or violation of the guarantees established by law for their activities and professional secrecy».
According to the law, these forms will be detailed: «illegal obstruction of the arrival of an advocate to a court, prosecution authorities, pre-trial investigation authorities, enterprises, institutions, organizations, regardless of their form of ownership, to their separate premises for the purpose of representing the interests of a person to whom such advocate provides legal assistance, illegal obstruction of a meeting between an advocate and a person to whom legal assistance is provided, as well as any other intentional obstruction of the professional activities of an advocate and the exercise of his or her powers, as defined by laws or other normative legal acts on the protection or representation of persons».
Some members of the public interpret the law as increasing pressure on the media. At the same time, the legal community emphasizes that the provision does not restrict freedom of expression and does not prevent public discussion of the activities of lawyers or their clients. It is aimed solely at protecting against unlawful personalisation — when an advocate is deliberately identified with the position or actions of a client, leading to discrediting, pressure or interference with the independence of the advocacy profession. This is not about prohibiting criticism, but about introducing clear boundaries that comply with both the Constitution of Ukraine and international standards. The establishment of such limits in law ensures an appropriate balance between the right of society to information and the right of lawyers to professional impartiality and protection from prejudice. At the same time, the new mechanism of accountability will not operate automatically — each violation must be recorded and proven in accordance with the established procedural order.
«This is, without exaggeration, one of the most significant achievements of the advocacy community in recent years in the field of professional guarantees. For the first time, real mechanisms have been introduced at the legislative level to hold accountable those who violate the prohibition on identifying a lawyer with their client. This not only strengthens the position of advocates in complex proceedings, but also increases trust in the legal system as a whole. Every advocate will be able to refer not only to the relevant article of the law, but also to the direct provision of the Code of Administrative Offenses and the Criminal Code, which has a preventive and protective nature, - said Valentin Gvozdiy, the Vice President of the UNBA, BCU. - Therefore, I am grateful to everyone who was involved in the preparation of the bill, its submission and support in the Verkhovna Rada, as well as those who voted for it in the session hall».
Popular news

Self-government
The HCJ continues to ignore the legal deadlines for forming the Competition Commission of the HQCJ
The High Council of Justice continues to violate the statutory deadlines for forming a new competition commission to select members of the Competition Commission of the High Qualification Commission of Judges of Ukraine.

Advocacy
Another conflict with the TCC: an advocate's leg was broken and his client jumped out of a window
On June 19, at the premises of the military medical commission, where a bus from the Krasnograd Territorial Center for Recruitment and Social Support delivered several people, an incident occurred involving the use of physical force against an advocate.

Advocacy
Independence of advocacy and accountability of expertise: different models, shared responsibility
Two different models of professional organization coexist in Ukraine: advocacy with established self-government and judicial and expert activities that remain under state control. How can approaches be balanced, the openness of expert opinions ensured, and effective interaction between specialists established?

Advocacy
The Bar Council of Ukraine appealed to the High Council of Justice due to delays in forming the Competition Commission of t…
On June 13, 2025, Lidiya Izovitova, President of the Bar Council of Ukraine, addressed Grigory Usik, Head of the High Council of Justice, regarding the violation of the deadlines for forming a new composition of the Competition Commission for the selection of members of the High Qualification Commission of Judges of Ukraine.

Advocacy
UNBA calls for compliance with Council of Europe standards for the legal profession
The recently approved roadmap for EU accession in terms of bar reform refers to non-existent European standards and was adopted in violation of international principles. Therefore, before talking about changes, it is necessary to compare the current model of the bar with the Council of Europe standards embodied in the Convention on the Protection of the Profession of Lawyer.

Advocacy
Andriy Osipov appointed head of the Ukrainian State Film Agency
The Cabinet of Ministers of Ukraine has appointed Andriy Osipov as head of the Ukrainian State Film Agency.

Advocacy
Mobilization of advocates in court: UNBA records another case of pressure
The Ukrainian advocacy has once again faced extrajudicial influence on advocates with the aim of obstructing the exercise of their legitimate powers related to the provision of professional legal assistance to clients.

Advocacy
The specifics of translating documents for the UK and Ukraine were explored in a webinar
In legal practice, document translation is increasingly becoming a subject of attention not only for translators, but also for advocates, courts, and government agencies. What should a translation be like to be legally valid in Ukraine and the UK, what mistakes can ruin a case, and who is responsible for accuracy?
Publications

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

Iryna Vasylyk Advocacy in the proclamation of Independence of Ukraine

Oleksandr DULSKY When we cross the border of the Supreme Anti-Corruption Court, we get into another department of the National Anti-Corruption…

Vadym Krasnyk The UNBA will work, and all obstacles and restrictions are only temporary inconveniences

Lydia Izovitova Interview with Lydia Izovitova on the occasion of the 8th anniversary of the founding of UNBA: We are the voice of t…