Search of an advocate's office after client's acquittal: criminal complaint filed

Guarantees of the practice of law
17:54 Tue 29.09.26 61 Reviews
Print

In Kyiv, law enforcement officers conducted a search of the home of an advocate who had defended a client acquitted by the court and seized materials from the advocate’s case file. The proceedings were initiated shortly after the acquittal, even though the document they were searching for was already included in the court case file.

The Committee for the protection of advocates’ rights and guarantees of legal practice of the UNBA filed a complaint with the State Bureau of Investigations alleging criminal offenses. The Committee views the actions of prosecutors and police officials as constituting obstruction of the advocate’s work and abuse of official authority.

The search was conducted on September 22, 2026, at the advocate’s residence as part of proceedings under Part 2 of Article 384 (Misleading a court or other authorized body) of the Criminal Code. A representative of the UNBA Committee Taras Gudzera participated in the investigative action and documented violations of guarantees for the practice of law.

The proceedings concern an expert opinion that the advocate submitted to the court while defending his client. During the court hearing, the expert confirmed that he had personally prepared and signed the document, and also reported that he had been pressured to alter his conclusions in favor of the prosecution. In August 2025, the court acquitted the advocate’s client, and 20 days later, information about a possible criminal offense was entered into the Unified Register of Pre-trial Investigations.

The Committee noted that, in fact, the only action by the advocate that the prosecution linked to the criminal proceedings was obtaining and submitting evidence to the court in the client’s interest. The defense’s right to gather evidence including requesting and obtaining expert opinions is provided for in Part 3 of Article 93 of the Code of Criminal Procedure.

It is noteworthy that the search was conducted more than a year after the investigation began and on the eve of the hearing of an appeal against the acquittal. Moreover, a copy of the expert opinion that law enforcement officials intended to find was already included in the court case file.

Instead, during the search, a cell phone and documents from the advocate’s file were seized. Thanks to the diligent efforts of Committee members, the phon which contained case files and correspondence with clients was examined that same day in the presence of a Committee representative and returned to the advocate. At the same time, the advocate’s official correspondence remains seized, even though, according to the Committee, it was not included in the list of items authorized for seizure by the investigating judge’s order and constitutes attorney-client privilege.

In addition, the advocate was served with a subpoena to appear for questioning as a witness in the same proceedings. The Committee noted that an advocate cannot be questioned as a witness regarding information that came to his or her knowledge while providing legal assistance. However, the search warrant refers to him as a person involved in a criminal offense.

«The UNBA Committee regards such actions as a gross violation of the guarantees of the legal profession and an impermissible interference in the provision of legal assistance, which requires a proper legal assessment and response from the competent authorities», - the statement reads.

The Committee is asking the State Bureau of Investigation to enter information into the Unified Register of Pre-trial Investigations regarding the obstruction of a defense attorney’s lawful activities by public officials and the abuse of authority by law enforcement officers — under Part 2 of Article 397 and Part 1 of Article 365 of the Criminal Code. The report alleging criminal offenses was prepared by Committee member and advocate Anastasia Burkovska.

In addition, the Committee intends to address other competent authorities regarding the actions of the individuals who initiated the search warrant application and the investigating judge who authorized it.

Popular news

Independent oversight is necessary before using CISA materials against an advocate – Lidiya Izovitova

Guarantees of the practice of law

Independent oversight is necessary before using CISA materials against an advocate – Lidiya Izovitova

Before the prosecution uses information obtained during covert investigative actions and related to an advocate’s activities, independent procedural oversight must be conducted. It is necessary to determine whether such information is covered by attorney-client privilege and whether it may be disclosed.

15:47 Fri 25.09.26 136
Efforts to develop advocacy must be brought to fruition — A. Misyats

Self-government

Efforts to develop advocacy must be brought to fruition — A. Misyats

The Ukrainian advocacy profession is currently going through a critical phase. Amid the war, it must ensure the continuity of legal aid, defend the independence of the profession, and improve qualification and disciplinary procedures in accordance with European standards. The work that has been started must be brought to a practical conclusion.

20:32 Fri 18.09.26 130
Protecting the legal profession, cybersecurity and support for advocates: common themes for the IBA and the UNBA

Support

Protecting the legal profession, cybersecurity and support for advocates: common themes for the IBA and the UNBA

On September 18, a working meeting was held at the office of the Ukrainian National Bar Association with Executive Director of the International Bar Association (IBA) Mark Ellis. The parties discussed the Ukrainian advocacy profession’s participation in European legal processes, the protection of the UNBA’s digital infrastructure, psychological support for advocates and future areas of cooperation.

19:46 Fri 18.09.26 171
Tax residency of Ukrainians abroad: what matters

Educational events

Tax residency of Ukrainians abroad: what matters

The determination of tax residency for Ukrainians who have been living abroad for an extended period depends on the combination of their personal and economic ties to each country. The established status determines the procedure for reporting income, paying taxes and fulfilling CFC reporting obligations.

18:19 Thu 17.09.26 163
Are Europe's advocacy associations prepared for a potential war? V. Gvozdiy shared lessons from the Ukrainian experience

War

Are Europe's advocacy associations prepared for a potential war? V. Gvozdiy shared lessons from the Ukrainian experience

The continuity of the bar’s self-governance, the protection of professional registries and archives, as well as equal guarantees of employment for advocates, judges, and prosecutors must be enshrined in advance in legislation in the event of war or another emergency.

9:42 Mon 14.09.26 218
Payments to military personnel require clear and uniform criteria — UNBA Committee

Legal defence of military personnel

Payments to military personnel require clear and uniform criteria — UNBA Committee

The vagueness of terms in subordinate regulatory acts leads to differing interpretations of the grounds for paying additional compensation to military personnel. The UNBA has proposed harmonizing these acts and establishing transparent criteria for the allocation of funds.

16:45 Wed 09.09.26 139
Finding them isn't enough: issues surrounding the seizure and return of crypto assets

Discussion

Finding them isn't enough: issues surrounding the seizure and return of crypto assets

The technical structure of transactions does not automatically identify the person who controlled the crypto wallet, and courts have reached differing conclusions on whether a digital asset can be seized as physical evidence. So how can one prove ownership of such assets, enforce court orders, and return funds to victims?

12:13 Wed 09.09.26 120
The UNBA will prepare guidelines on lawyers' requests

Legislation

The UNBA will prepare guidelines on lawyers' requests

By the end of 2026, the UNBA Committee on the prevention of administrative offenses committed against advocates will develop guidelines on drafting advocate inquiries and responding to refusals to provide information. There are also plans to standardize the practice of applying Article 212-3 of the Code of Administrative Offenses.

16:23 Mon 07.09.26 128

Надішліть файл із текстом публікації у форматі *.doc, фотографію за тематикою у розмірі 640х400 та Ваше фото.

Оберіть файл