Protecting the rights of service members: The UNBA and the Military Ombudsman have agreed on cooperation

Servicemembers, reservists, conscripts during training exercises, members of local community volunteer units, and other individuals covered by the Law «On the Military Ombudsman» should have better access to professional legal assistance.

This is precisely the aim of the memorandum of cooperation signed on March 25 by Military Ombudsman Olga Kobylinska and the President of the UNBA, BCU Lidiya Izovitova.

«We would like the advocacy profession’s support to be comprehensive so that we can work together and support our military personnel. The main task is to ensure the protection of human rights. And by signing this memorandum, we hope that we will be able to fully carry out this mission together with the Office of the Military Ombudsman», - noted L. Izovitova.

«We encounter cases where we cannot intervene within the scope of our authority. For example, the enforcement of court decisions is currently a major problem for military personnel. The Office of the Military Ombudsman is not authorized to oversee the enforcement of court decisions. However, advocates have the right to take appropriate procedural actions. We are ready to begin cooperation regarding such complaints», - commented O. Kobylinska on the signing of the memorandum.

The memorandum provides for the coordination of the parties’ actions regarding access to legal aid, the provision of legal information and consultations, as well as responding to complaints regarding violations of the rights of persons in need of legal protection. A separate area of cooperation concerns the identification and analysis of systemic issues that hinder access to such assistance, followed by the development of proposals to improve legislation and legal practice.

The parties agreed to prepare joint analytical and advisory materials, conduct seminars, training sessions, roundtables, webinars, and consultation meetings, as well as develop methodological recommendations, practical materials, and indicative action plans. The plan includes enhancing the professional capacity of advocates in cases related to the protection of the rights of military personnel covered by the relevant law, provided that the principles of advocate independence, free choice of counsel, confidentiality, attorney-client privilege, and the prevention of conflicts of interest are upheld.

«There are issues we could work on together at the level of legislative changes, - noted chairman of the UNBA Committee on the protection of victims of armed aggression against Ukraine, compensation mechanisms and European integration legal support for recovery Andriy Yermak. - This would make it possible to reduce some of the problems currently accompanying mobilization processes. Certainly, this area needs to be streamlined, but at the same time, we must be realistic and seek solutions that can yield practical results right now».

The need to mobilize the legal profession’s internal resources was also emphasized by the Vice President of the UNBA, BCU Valentin Gvozdiy: «We cannot replace the system of free legal aid, as it represents a massive volume of work. But a servicemember, even while on duty, remains a person who has issues they cannot handle on their own. And this memorandum, I think, precisely creates a bridge for such solutions», - he said.