The BCU called on the President to sign the Law on responsibility for identifying an advocate with a client

On September 15, 2025, the BCU held an extraordinary meeting and adopted an appeal to the President requesting him to sign Law No. 4547-IX of July 16, 2025, which introduces administrative liability for publicly identifying an advocate with a client.

It should be noted that the law, adopted by the Verkhovna Rada on the basis of draft No. 12320 dated December 16, 2024, was sent to the Head of State for signature on July 22.

The BCU emphasizes that the current Law «On the advocacy and legal practice» (Part 16 of Article 23) prohibits identifying an advocate with a client. At the same time, the law does not provide for specific liability for violating this guarantee. This creates risks for the effective protection of advocates' rights, especially in cases where identification with the client is used as a tool for pressure or discrediting.

Such cases have become particularly acute in recent years. A recent report by the Committee for the protection of advocates' rights documented numerous violations: physical obstruction of advocates in the exercise of their professional activities in courts, delivery of summonses, detention, initiation of criminal proceedings, media campaigns of discrediting, public insults, and threats.

The appeal also cites the case of advocate Yuriy Grabovskiy, who was killed in 2016, which demonstrates how dangerous the consequences of identifying an advocate with a client in high-profile cases can be. A similar situation is described in relation to advocate Andriy Domansky, who was subjected to procedural and media pressure while defending journalist Kirill Vyshinsky. Another telling example is the experience of advocate Ruslan Moshkovsky, who defended Anatoly Onoprienko and received numerous threats and insults simply for participating in the trial.

Advocates are increasingly being targeted as hostages in political processes, with them being equated with their clients. Such actions not only undermine the authority and independence of the profession, but also create an atmosphere of intimidation, as a result of which Ukrainian citizens are effectively deprived of their right to qualified legal protection, according to the BCU decision.

The bar association emphasized that the prohibition of identifying an advocate with a client is enshrined in international instruments. It is contained in paragraph 18 of the UN Basic Principles on the Role of Advocates (1990), Recommendation No. R(2000)21 of the Committee of Ministers of the Council of Europe, and the standards of the International Bar Association. Separately, reference is made to the new Council of Europe Convention on the Protection of the Profession of Advocate, Article 6 of which expressly requires member states to prevent any adverse consequences for advocates due to their identification with clients or clients' cases. Previous decisions of the BCU (in particular, No. 6 of 22 January 2020 and No. 49 of 5 September 2020) are also cited, which systematically established the inadmissibility of identification as a form of interference in the exercise of defense.

Therefore, the members of the Bar Council of Ukraine are convinced that the law will send a powerful signal of support for the human rights mission of advocates, confirming their commitment to the principles of the rule of law and guaranteeing that Ukraine remains a state that respects human rights, professional dignity, and democratic values.

The BCU called on the President to sign Law No. 4547-IX as an act of state wisdom, political responsibility, and strategic vision for the future of Ukraine's legal system.