Guarantees for the practice of law: subgroup discusses violations during searches
On May 6, a meeting was held of the subgroup on «Guarantees for the practice of law and the protection of advocates» of the Working Group on the Implementation of the Rule of Law Roadmap regarding the reform of the advocacy profession.
The discussion focused on violations of guarantees during procedural actions — primarily during searches of advocates’ offices and the seizure of media and materials that may contain attorney-client privilege.
The chairman of the Kyiv Regional Bar Association Petro Boiko noted that the majority of violations of guarantees occur during searches. He described such situations as gross interference in legal practice and as attempts to pressure an advocate or gain access to information covered by attorney-client privilege. He also noted that a Bar Council representative needs effective procedural tools to respond effectively.
In a separate session, participants discussed the time limits for notifying bar self-governing bodies of a search in accordance with Part 2 of Article 23 of the Law «On the advocacy and the practice of law» and the approach to determining the «urgency» of an investigative action: specifying «advance notice», the possibility of differentiating timeframes for ordinary and urgent cases, and the risks of abuse by citing urgency during searches of advocates’ offices.
The head of the Secretariat of the UNBA, BCU Vadym Krasnyk noted that the concept of «advance notice» should not be merely declarative but rather one that can be realistically implemented and monitored in practice. In this context, he supported an approach whereby timeframes and notification procedures could be differentiated depending on the nature of the investigative action, in order to minimize the risks of abuse of the «urgency» provision.
The chairman of the Committee for the protection of advocates’ professional rights of the Odesa Regional Bar Association Vadym Semenov emphasized that when discussing guarantees, it is important to establish not only the procedure for the council representative’s participation but also the procedural consequences of violating those guarantees. He also highlighted the existence of related practical issues that should be coordinated with other sets of amendments within the criminal process.
The discussion focused not only on the procedure for the participation of a bar association representative but also on the procedural consequences of violating guarantees, including through the lens of assessing the admissibility of evidence obtained in violation of attorney-client privilege. The chairman of the UNBA’s legislative initiatives Committee on legal practice Oleksiy Yushchenko noted that the set of guarantees traditionally requires finding compromises.
The issue of attorney inquiries was also raised — specifically, cases where responses limit or refuse to provide information under the pretext of protecting personal data.
Ideas regarding additional safeguards in criminal proceedings were also raised.
The subgroup’s work continues. Participants agreed to continue collecting and reviewing proposals to strengthen guarantees for the practice of law, particularly regarding searches, access to materials that may contain attorney-client privilege, the participation of representatives of bar self-governing bodies, and the procedural consequences of violating these guarantees.
Popular news
Guarantees of the practice of law
Ombudsman calls for a firm response to violence against advocates
Every instance of obstruction of an advocate’s lawful activities, use of physical force, delaying an investigation, or concealment of evidence must be subject to a proper legal assessment. The state is obligated to ensure that the right to a defense is a genuine guarantee.
Greetings
The UNBA congratulates Denis Maslov on his appointment as Minister of Justice
Denis Maslov’s many years of experience as a advocate, his work as a judge and his tenure as chairman of the Verkhovna Rada of Ukraine’s Committee on legal policy have given him a deep understanding of how the legal system functions and the challenges it faces.
Legislation
The Verkhovna Rada explained why the section on advocacy should be removed from the anti-corruption strategy
The section on advocacy and legal aid in the draft anti-corruption strategy for 2026–2030 goes beyond the scope of anti-corruption policy and is inconsistent with the constitutional guarantees of the independence of the legal profession.
Guarantees of the practice of law
The NACP’s clarification regarding the declaration of membership in the UNBA should be clarified – BCU
An advocate’s membership in the UNBA is an element of professional status arising by virtue of law, rather than a voluntary private membership in an association. Therefore, failure to disclose it in a declaration should not automatically lead to the conclusion of unethical conduct or the concealment of a private interest.
Discussion
The history of Ukrainian constitutionalism was discussed during a lecture
To mark Ukraine’s Constitution Day, the Center for research on the legal profession and law of the UNBA in collaboration with the «Bykivnia Graves» National Historical and Memorial Reserve organized an online lecture on the history of the Ukrainian constitutional process.
Legislation
The UNBA is counting on the swift ratification of the Convention on the Protection of the Professions of Lawyer
The ratification of the Council of Europe Convention on the Protection of the Professions of Lawyer must be accompanied by targeted amendments to legislation to strengthen safeguards for advocates, but should not be used as a pretext for dismantling the self-governing model of advocacy.
Legal defence of military personnel
Advocates are expanding their legal support for the military and affected businesses
Legal assistance for military personnel should begin with simple and quick consultations, but it should not end there. Typical requests from brigades are compiled into summaries, digital services and proposals to government agencies.
Interaction
A manifesto on AI in law was presented in Europe. The UNBA has joined the initiative
On June 24, as part of European Legal Sovereignty Day, which took place in Brussels, the Manifesto for a Referential of Human Guarantee in the Legal Use of AI was presented.
Publications
Volodymyr Matsko Extradition during wartime: when the risks outweigh the request
Volodymyr Matsko Extradition as a systemic form of rights violations
Victoria Yakusha, Law and Business The anti-corruption vertical cannot «take care» of the Bar as an institution, - acting head of the HQDCB
Censor.net Protecting advocates – protecting justice: addressing concerns about the new law
Ihor Kolesnykov A BRIEF SUMMARY REGARDING THE APPLICATION OF THE ORDER ON EXTENDED CONFISCATION IN LATVIA REGARDING FINANCIAL ASSETS OF…
Valentyn Gvozdiy WORKING IN A WAR ZONE
Lydia Izovitova Formula of perfection
Sergiy Vylkov Our judicial system is so built that courts do not trust advocates