A gross violation of the professional rights of an advocate has been established
The UNBA Committee for the protection of the rights and guarantees of advocates has established that the online publication Ukrainska Pravda grossly violated the rights and guarantees of advocate Oleksandr Tananakin.
During the verification of the advocate's appeal, it was established that media representatives had collected and subsequently disclosed, without the consent of the advocate and his client, information and documents obtained by the advocate in the course of his advocacy in criminal proceedings by publishing them on an official website.
The UNBA Committee noted that such actions are unacceptable as they violate the requirements of Articles 22 and 23 of the Law «On Advocacy and the activities of advocates».
The professional rights, honor, and dignity of advocates are guaranteed and protected by the Constitution and other laws. In particular, it is prohibited to inspect, disclose, request, or seize documents related to the practice of advocacy.
Persons guilty of allowing unauthorized persons access to or disclosing attorney-client privilege are liable under the law. Criminal liability is established in Article 397 of the Criminal Code for interference in the activities of a defense counsel or representative.
The UNBA Committee for the protection of the rights and guarantees of the legal profession has prepared and sent official appeals demanding that the published information be removed and that an impartial investigation into the circumstances be conducted.
The Ukrainian National Bar Association, in accordance with the current legislation, protects the professional rights of lawyers and ensures guarantees for the legal profession.
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