BCU will request that rooms for advocates to work in be created in all TCC

The Bar Council of Ukraine will appeal to the General Staff of the Armed Forces and the Ministry of Defense with a request to set up separate premises for advocates to work in all territorial recruitment and social support centers.

This decision was made during a meeting of the BCU on October 18 in response to systematic violations of the professional rights of advocates. The issue was brought up for consideration by the chairman of the Bar Council of Kharkiv Region Viktoria Gayvoronska, who drew her colleagues' attention to the scale of the problem and the need for urgent action.

Advocate self-government bodies throughout Ukraine have recorded numerous cases of interference in the activities of advocates by representatives of the TCC. Among the most common violations are ignoring advocate requests, denying advocates access to premises for meetings with clients, and in the worst cases, intimidation, detention, and even the use of physical force. These incidents demonstrate not only a disregard for the guarantees of lawyers' activities, but also a violation of fundamental human rights, in particular the constitutional right to legal assistance and protection.

Although some regions have managed to establish constructive cooperation with the TCC, the problem remains nationwide. Not all regional advocate councils that have independently attempted to resolve this issue locally have been able to agree on appropriate cooperation. Moreover, even where premises for advocates formally exist, lawyers are often simply not allowed to enter them. The problem lies not only in creating an appropriate space for the provision of professional legal assistance, but also in ensuring real access to it for both advocates and conscripts.

During the discussion at the BCU meeting, particular attention was paid to the need to develop a clear algorithm for interaction between advocates and TCC employees. Often, a confidential meeting between an advocate and a client is mistakenly perceived by TCC representatives as an attempt to interfere with the mobilization procedure or even to evade it. In fact, the right of an advocate to communicate with a client does not legally interfere with mobilization activities. Advocates do not interfere with the process — they ensure its legality and protect the rights of individuals. However, the lack of clear rules leads to conflicts that could be avoided if there were clear procedures in place.

BCU has chosen a balanced strategy that combines regional dialogue with centralized support. Issues of cooperation should be resolved primarily at the local level — through direct contacts between regional bar councils and the TCC in their regions. At the same time, an official appeal by the BCU to the central law enforcement agencies will have a coordinating effect and strengthen the position of the regions in negotiations.

Members of the Bar Council of Ukraine unanimously supported two practical steps to solve the problem. First, the BCU will officially appeal to the Ministry of Defense and the General Staff of the Armed Forces of Ukraine with a request to equip all TCCs with separate rooms for advocates to work and to ensure unhindered access to these premises for both advocates and conscripts. The key requirement is to guarantee the confidentiality of communication between advocates and their clients. Second, a practical guide will be prepared for advocates with clear rules for conducting confidential meetings at TCCs. This document will help minimize conflict situations and ensure effective protection of clients' rights within the framework of current legislation.