Why protection against identification of advocates and clients is necessary — Marina Stavnichuk

Advocates are increasingly perceived as accomplices of their clients, which poses a threat to fair trials. The new Law No. 4547-IX, which introduces liability for identifying advocates with their clients, sets limits on what is permissible in order to eliminate pressure on defense attorneys and the court.

During a live broadcast of the program «Kyiv Speaks» on Kyiv FM radio, Marina Stavniychuk, chairman of the Ukrainian National Bar Association's Committee on the rule of law, explained why the legislative changes were necessary, according to the publication «Legal Practice».

«The identification of an advocate with a client is indeed a serious problem. And this issue required serious regulation, - M. Stavniychuk noted. She recalled that in July, the Verkhovna Rada made the relevant changes to the legislation, which were supported by 262 people's deputies. The adopted law is now awaiting the President's signature.

According to the representative of the UNBA, even the available statistics indicate the reality of this problem, although not all advocates turn to the association for help. «The dynamics within the National Bar Association show that the problem is real. And this needed to be done».

She gave examples of correct and incorrect presentation of information. «There is nothing wrong with saying on a TV show that Tatarov was Portnov's advocate. This is no longer a crime. And the UNBA will not consider such a correct presentation of information to be an identification of the advocate with his client. But if you say that Sidorov or Petrov is an advocate for criminals or oligarchs, then undoubtedly, in this case, there is identification in the public sphere», - explained Marina Stavniychuk.

In her opinion, the new rule is necessary not only to protect advocates. «These rules are necessary not only for the client or advocate, but also for society as a whole. Because if an advocate is labeled, and he goes to court, it puts pressure not only on the advocate, but also subconsciously on the judge: a criminal advocate defends a criminal, so why should I bother to understand the nuances of the case?», - noted Ms. Stavniychuk.

Such legislative changes, according to the chairman of the UNBA Committee, strengthen protection, ensure the effectiveness of lawyers' activities, and should be considered part of the reform of the constitutional institution.

In addition, Marina Stavniychuk recalled that the Council of Europe Convention on the Protection of the Advocate's Profession also directly addresses the issue of identification. «By and large, the identification of an advocate with their client is one of the cornerstone issues that led to the development of European standards in the field of advocate practice and defense», - she added.