BCU addressed the Ministry of Internal Affairs, the National Police, the Prosecutor General's Office and the State Bureau of Investigation on an attack against advocate Nesvitailo

Advocacy
15:21 Wed 19.06.19 704 Reviews
Print

The Head of UNBA, BCU Lidia Izovitova sent an appeal to the leadership of the Ministry of Internal Affairs, the National Police, the Prosecutor General's Office and the State Bureau of Investigation on the attack on advocate Oleksii Nestitailo.

Appeals are sent in accordance with the decision of the Bar Council of Ukraine on June 13.

On May 20, in Bila Tserkva, advocate Oleksii Nesvitailo was brutally beaten by a group of people, as well as his personal property was damaged. The conflict occurred after the advocate Oleksii Nesvitailo, representing LLC "Bilotserkivsky park of culture and rest" on the basis of the legal aid agreement, made an attempt to fix the dismantling of a part of the destroyed non-residential premises on the 7A, Les Kurbas Street in the city of Bila Tserkva. The premises are recognized by the court as evidence and transferred to the advocate for responsible storage as the victim's representative.

According to the representatives of the Committee for the Protection of Rights and Guaranty of Advocacy of the Bar Council of Kyiv region, despite the video recording of the incident, as of June 12, 2019, the police did not establish persons involved in the crime against advocate Nestitailo, and the pre-trial investigation began only on the tenth day after the advocate was beaten, which is a brutal violation of the current legislation, in particular Article 23 of the Law of Ukraine "On the Bar and Advocacy".

The Bar Council of Ukraine considers it inadmissible to violate the right of any advocate for unhindered professional activity, and the use of physical violence against an advocate during the provision of legal aid is a shouting case of arbitrariness, which requires careful investigation.

The Bar Council of Ukraine appealed to Minister of Internal Affairs Arsen Avakov to take all necessary measures to establish all the persons involved in the criminal offense concerning advocate Nestitailo and bring them to criminal responsibility, and to take the course of investigation of this criminal proceedings under personal control.

In connection with the detection of facts of irresponsible attitude to the official duties of the police, which led to the lack of proper documentation of the criminal offense, BCU asks the head of the National Police Sergii Kniazev to take measures to conduct an official investigation and to resolve the issue of bringing to account the responsibility of employees of the National Police Department in Bila Tserkva (Kiev region).

The BCU also requested the Prosecutor General to ensure that all necessary procedural and investigative actions are carried out impartially and promptly for the purpose of establishing all those involved in committing a criminal offense against advocate Nesvitailo O.M. and bringing the perpetrators to justice.

The BCU also informed the SBI that individual employees in functions, disregarding the provisions of the Law of Ukraine "On the National Police of Ukraine" and other subordinate acts regulating the procedure for registering applications and reports on a criminal offense and for further actions aimed at fixing a criminal offense, deliberately covering those involved in the commission of a criminal offense, committed inaction (negligence).

Taking into account the above, in accordance with Articles 60, 214 of the CPC of Ukraine BCU requests a pre-trial investigation to be initiated against certain employees of the Bila Tserkva Main Department of the National Police of Ukraine in the Kyiv region who committed a criminal offense on the grounds of the crime of the stipulated Art. 367 of the Criminal Code of Ukraine, that is a neglect of official duty, that is the failure to perform or improper performance, by an official, of his/her official duties due to negligence, where it caused any significant damage to the legally protected rights and interest of advocate Nesvitailo O.M., as well as interests of the self-governing institute of the Bar.

Popular news

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 18.09.26 102
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 18.09.26 146
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 17.09.26 132
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 14.09.26 188
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 09.09.26 124
Former CCBE President James MacGuill has passed away

Tragic news

Former CCBE President James MacGuill has passed away

The Ukrainian National Bar Association expresses its condolences on the passing of James MacGuill — a renowned Irish advocate and former president of the Law Society of Ireland and the Council of Bars and Law Societies of Europe (CCBE).

10:27 Mon 07.09.26 131
The EU is preparing to accede to the Convention on the Protection of the Professions of Lawyer

Abroad

The EU is preparing to accede to the Convention on the Protection of the Professions of Lawyer

The European Union has been officially invited to become a party to the Council of Europe Convention on the Protection of the Professions of Lawyer as an international organization. The European Commission is already preparing draft decisions regarding the signing of the international treaty and subsequent accession to it.

16:22 Fri 04.09.26 101
From the condition of the railcar to the cause of the accident: how railroad accident investigations work

Discussion

From the condition of the railcar to the cause of the accident: how railroad accident investigations work

Railway and transportation expertise makes it possible to assess the technical condition of rolling stock and tracks, determine the technical cause and mechanism of an incident, assess whether employees’ actions complied with regulatory requirements, and ascertain whether, from a technical standpoint, a derailment, collision, impact, or other incident could have been prevented.

10:02 Fri 04.09.26 114

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

Оберіть файл