Illegal mobilization of an advocate: UNBA achieved the opening of criminal proceeding

In the case of the beating of a Zakarpattia advocate, the cancellation of his deferment and his forced mobilization, the Pechersky District Court of Kyiv ordered the Office of the Prosecutor General to immediately enter the information into the Unified Register of Pre-trial Investigations and initiate criminal proceedings.

The court issued the relevant decision in case No. 757/45349/25-k today, October 20.

The advocate, who defended the rights of former police officers, was detained at the district police station on July 21, 2025, while reviewing the materials of official investigations. TCC employees blocked the exit, demanded military documents, and, despite the current deferral, forcibly took him to the center.

At the TCC, the advocate was held for several hours without explanation, they refused to give reasons and did not respond to his appeals to the police and the Ministry of Defense. Subsequently, a decision was made to cancel the deferral. His phone was taken away and he was forcibly taken to a military unit. Doctors later diagnosed a broken rib and other injuries (more details about the circumstances of the incident can be found here). The advocate appealed to the Committee for the protection of lawyers' rights and guarantees of legal practice of the UNBA for protection.

The Ukrainian National Bar Association appealed to the Office of the Prosecutor General with a statement about the commission of criminal offenses, liability for which is provided for in Article 146 (unlawful deprivation of liberty or abduction of a person), Article 122 (intentional bodily injury of moderate severity), Article 361 (unauthorized interference in the work of information and communication systems), Article 371 (knowingly illegal detention, arrest, or custody), and Article 397 (interference in the activities of a defense attorney or representative) of the Criminal Code. However, law enforcement officials ignored the statement about the crime.

The UNBA representatives appealed the inaction of the Prosecutor General's Office employees to the court. The legal position in the case was prepared and presented by the Committee chairman Yevheniy Solodko, Committee member Polina Marchenko and coordinator Vitaliy Fedirko.

The investigating judge found the inaction of the prosecutor's office to be unlawful and ordered the authorized persons to initiate an investigation based on the UNBA's statement. In the court's opinion, the statement contained all the necessary information indicating the presence of signs of a criminal offense, so it should have been registered without delay.

«This court decision is an important step in protecting the professional rights of advocates and confirms the UNBA's position on the inadmissibility of inaction by law enforcement agencies in cases of violation of guarantees of legal practice», - commented Y. Solodko on the results of the hearing.

According to Article 23 of the Law «On the advocacy and the practice of law», the professional rights, honor, and dignity of advocates are guaranteed and protected by the Constitution and laws of Ukraine. Any interference with or obstruction of the practice of law is prohibited. The life, health, honor, and dignity of advocates are protected by the state, and any encroachment upon them is punishable by law.

The main goal of the UNBA Committee is to protect the professional and other rights of advocates, to promote guarantees for the practice of law, and to ensure the necessary conditions for advocates to perform their professional duties effectively and efficiently.

We would like to remind you that a preliminary court hearing was recently held in Zakarpattia in a case concerning the illegal mobilization of an advocate. The court ordered the defendant, the territorial recruitment and social support center, to provide documents relating to the advocate's mobilization procedure.