Illegal mobilization of an advocate: court requests documents from TCC

A preliminary court hearing was held in Zakarpattia in a case concerning the unlawful mobilization of an advocate. The defendant, the Territorial Center for Recruitment and Social Support, ignored the hearing. The court considered the plaintiff's motion to request evidence.

The Ukrainian National Bar Association was involved in the case to defend the professional rights of the advocate. Polina Marchenko, a member of the Committee for the protection of advocates' rights and guarantees of legal practice, represented the UNBA in court.

At the request of the plaintiff's representatives, the court ordered the TCC to provide documents relating to the advocate's mobilization procedure, after which it announced a recess.

We remind you that the advocate, who specialized in defending the rights of former police officers, was detained on July 21, 2025, at the district police station while reviewing the materials of official investigations at the request of the advocate. TCC employees blocked his exit, demanded military registration documents, and, despite a certificate of valid deferment from mobilization, forcibly took him to the territorial center.

The advocate was held at the TCC for several hours without explanation, with officials refusing to give any reasons. He called the Ministry of Defense's government hotline and called the police, but there was no response. In the evening, he was asked to undergo a military medical examination, and later he learned that the TCC had issued a protocol decision that same day to cancel his deferral.

When the advocate refused to go to the military unit without documents and explanations, his phone was taken away and he was beaten several times. On the way, an ambulance was called, which took him to the hospital. Doctors diagnosed a broken rib, chest contusion, and other injuries. His phone was returned the next day after he was officially enrolled in the military unit (more details about the circumstances of the incident can be found here).

After that, the advocate appealed to the UNBA for protection. The Committee for the protection of advocates' rights and guarantees of legal practice confirmed that the advocate was performing his professional duties and acting within the law on the basis of legal aid agreements. The obstruction of his work, his forcible detention, and the use of physical violence were found to be contrary to the guarantees of professional activity.

The UNBA appealed to the Office of the Prosecutor General regarding the commission of criminal offenses. The document points to possible signs of crimes under Articles 146, 122, 361, 371, and 397 of the Criminal Code.

The Bar Council of Zakarpattia Region emphasized that unlawful mobilization and other forms of interference in the professional activities of advocates are unacceptable, as they pose a threat to the guarantees of advocate practice and the right of citizens to defense. The Council also thanked colleagues who were present in court and called on the legal community to continue to demonstrate professional solidarity.

The continuation of the preparatory court hearing is scheduled for October 28. The UNBA will monitor developments.