Guarantees exist, but oversight is lacking: what the Convention will change for advocates

Ukrainian legislation provides safeguards for the practice of law, but there is no mechanism to monitor the state’s compliance with its relevant obligations. The Council of Europe Convention on the Protection of the Professions of Lawyer is intended to address this gap and establish a monitoring mechanism.

Deputy chairman of the Committee on the protection of lawyers’ rights and guarantees of the practice of law at the UNBA Vadym Semenov spoke about this during the roundtable discussion «The Council of Europe Convention on the Protection of the Professions of Lawyer: a future part of Ukrainian legislation».

He also chairs the corresponding Committee of the Odesa Regional Bar Association. According to V. Semenov, members of such Committees attend search operations and the detention of advocates and directly encounter the problems that arise during the implementation of professional safeguards.

Statistics from the UNBA also attest to the scale of the problem. In 2023, 167 criminal offenses against advocates were registered, but only 5 cases were referred to court, and only one conviction was handed down. Of the 344 registered criminal cases, suspects were notified in three, and there were two convictions. The number of complaints regarding violations by the TCC received by the relevant Committee of the UNBA rose from one in 2022 to 42 in 2025.

V. Semenov noted that advocates file numerous complaints about violations with law enforcement agencies, but such cases are investigated ineffectively. The Convention obligates its parties to ensure effective investigations and provides a mechanism to monitor compliance with this requirement.

Among the violations committed by the TCC, he cited denying advocates access to premises, detaining them while providing legal assistance, and causing bodily harm. «The Convention introduces a new concept —«potential client» — and obligates the State Party to ensure that advocates have access to potential clients», - V. Semenov pointed out. According to him, current safeguards for the practice of advocacy apply to criminal proceedings, whereas the Convention also covers civil and administrative proceedings.

Another common violation remains the conflation of an advocate with a client. A corresponding prohibition is already enshrined in the law, and the Convention, according to the deputy chairman of the relevant Committee of the UNBA, imposes a duty on the parties to prevent related violations against advocates.

During searches, typical problems include the seizure of items not specified in the court order, disregard for notifications from bar associations, the seizure of materials subject to attorney-client privilege in violation of Article 161 of the Code of Criminal Procedure, as well as delays in the return of property. The safeguards provided for in the Convention apply to premises, vehicles, devices, and the copying of data. Prior to a search, an advocate must be informed of their rights and provided with information regarding the grounds for the search and the location where the seized items will be stored.

«We have provisions that provide for these safeguards, but we lack an instrument to monitor the state’s compliance with these obligations. The Convention closes this gap by establishing provisions and implementing an appropriate monitoring mechanism», - concluded V. Semenov.