On July 17, 2018 there was held a special meeting of the Committee on protection of advocate's rights and professional guarantees.

Advocacy 17:11 Wed 18.07.18 259 Reviews Print

During the meeting, the participants discussed issues concerning publications spread by a People's Deputy of Ukraine Ihor Mosiichuk in social media, that may contain the calls for military intervention and upsetting of planned work of the bar self-government of the city of Kiev. Following the discussion there was initiated submission of appeals to the police to ensure public order during exercising by the Bar self-government of its lawful authority, in particular, consideration of disciplinary proceedings.

The Committee considered the appeal of an advocate Anna Babych concerning violation of advocates' guarantees, namely prohibition of any meddling, interference with the pursuit of professional activities and carrying out in respect of the advocate of search operations or investigative actions that can be carried out only with the permission of the court. An advocate Ye. Solodko initiated an appeal to the Director of the National Anticorruption Bureau of Ukraine with a request to investigate and bring the guilty officials of the National Anticorruption Bureau of Ukraine to responsibility established by law.

There was considered a significant violation of Article 23 of the Law of Ukraine "On the Bar and Practice of Law" at the request of the Bar Association "Bogatyr & Partners" in relation to systematic unlawful limitation of essential human rights of advocate V. V. Bogatyr, as a result of disrespecting the state guarantees determined by the Law and related to the actual non-observance of the procedure, set forth in the CPC of Ukraine, of declaring suspicion to an advocate, as a special person. The attention was focused on the lack of competence with some employees of bodies of pre-trial investigation as to the presumption of legality of judicial action, in particular, agreement with an advocate and unlawful claims of law enforcement officers to provide additional documents supporting the validity of such agreement, which is contrary to the substantive law provisions. Relevant documents on the results of consideration of the application of the Bar Association "Bogatyr & Partners" in the interests of advocate V.V. Bogatyr will be included in the Report on violations of the rights of advocates in Ukraine, which will be submitted to the International Commission of Jurists (ICJ) and the Council of Bars and Law Societies of Europe (ССВЕ).

The question of systematic disregard for the professional rights of advocates and the production of relevant documents was decided to be entrusted to the members of the Committee Ye. Miroshnykov and K. Chetvertak.

The Committee discussed and decided to respond to the systematic appeals concerning violations of advocates' rights and professional guarantees of advocate O. Shadrin. Drafting of the project for admissibility of appeals was entrusted to the Committee member S. Chernushych.

After hearing the audio recording of speech of advocate D. Bugai, the Committee criticized his public remarks before the international experts and representatives of the bodies of justice, in which he had expressed criticisms of the role of professional organizations in protecting advocates' rights. The emphasis was made that D. Bugai had never been a member of any body of the Bar self-government nor had been authorized by them to represent positions and interests of the Ukrainian Bar. In fact, D. Bugai, received protection and support from a professional bar organization, when he was pursued by law enforcement bodies. In contrast, he did not provide such support to his colleagues, did not show any interest in the activities of the UNBA Steering Committee on protection of advocates' rights, did not receive information of statistical or dynamic character, did not participate in the Committee's public events. Thus, the Committee regards his speech as demagoguery, having the aim of creating a personal image of questionable content.

However, the Committee is open to cooperation and invites everyone to become a member of the Committee, all those who consider themselves experts in this field and are ready to spare no effort and time to defend violated professional rights and guarantees.

The information on all issues discussed was forwarded to the UNBA President for further direction of appropriate appeals within the limits of competence.

The Committee's next meeting is scheduled for September 10, 2018 at 15-00.

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