BCU canceled the decision of the Bar Council of Kyiv region on strike of advocates

Regions
18:23 Tue 18.06.19 3115 Reviews
Print

The Bar Council of Ukraine canceled the decision of the Bar Council of Kyiv region on June 12, 2019, which proclaimed a warning strike of advocates in the region.

The BCU ruled the decision in the electronic session on June 13. Full text of the decision of BCU

The reason for the cancellation of the decision of the Bar Council of the Kyiv region was the violation as a result of its implementation of the constitutional rights of citizens to legal assistance and guarantees of advocacy.

The BCU stressed that the decision of the bodies of bar self-government should not be aimed at limiting or blocking the activities of advocates on motives not provided for in the framework law and professional conduct rules, groundless accusation of the Bar of Ukraine in the refusal to exercise protection of the constitutional rights of citizens of Ukraine and other persons.

In accordance with Article 21 of the Law of Ukraine "On the Bar and Advocacy" While practicing law, the attorney shall be obliged to abide by the oath of attorney of Ukraine and the professional conduct rules; the attorney may not The attorney may not exercise his/her rights contrary to the rights, freedoms and legitimate interests of a client, except when otherwise established by law.

The obvious consequences of the decision taken by the Bar Council of Kyiv region on strike will be the violation of the constitutional right of citizens to professional legal assistance. At the same time, not only the clients of the advocates of the Kyiv oblast are at risk, but every resident of the region who may potentially need an advocate to defend his constitutional rights in a strike period.

The Bar Council of Ukraine stresses the inadmissibility of a situation where five thousand advocates in the region will be obliged to omit and refrain from providing legal assistance in the territory of the Kyiv region, and law enforcement and the courts will continue to perform their duties. Detention, searches, other procedural actions in the framework of criminal proceedings, court hearings, including ruling the court decisions, will take place in the absence of defenders involved in the strike", - referred to in the decision of the BCU.

The BCU also emphasized the strict observance by advocates of their professional obligations and the provision of continuous legal assistance to the client, as well as to keep advocates from exercising their rights in violation of the rights, freedoms and legitimate interests of the client, using the means and methods that are in conflict with the current legislation and professional conduct rules.

The decision of the Bar Council of the Kyiv region dated 12 June 2019, as reported on the website of the Bar Council, was made in connection with the beating of a lawyer, Nesvitailo Oleksii Mykolayovich on May 20, 2019. According to the information letter, "it was unanimously decided that, as a result of the strike for the period from June 20 to July 20, 2019, all the advocates of the Kyiv region will stop providing any legal assistance in criminal proceedings in the police, prosecutor's office, courts in the territory of Kiev region (except Kiev). The strike may be terminated earlier in case a suspicion will have been warranted to all the persons guilty of an offense concerning the advocate. " The Bar Council of the Kyiv region decided to inform about the decision taken by the territorial departments of the SJAU, the National Police of Ukraine, the Ministry of Internal Affairs of the Kyiv region, the prosecutor of the Kiev region, and others like that. Also, the corresponding decision will be brought to the leadership of the Coordination Center for the provision of free secondary legal aid in the Kiev region.

Popular news

Proceedings against military personnel following AWOL require clear deadlines — UNBA

Legislation

Proceedings against military personnel following AWOL require clear deadlines — UNBA

A soldier’s return to duty after AWOL does not necessarily mean the end of criminal proceedings. To ensure that the case does not remain at the pretrial investigation stage, a clear procedure for the investigator and prosecutor is required.

19:04 Fri 16.10.26 156
The UNBA warned of the risk of customs barriers for Ukrainian paper and furniture

Legislation

The UNBA warned of the risk of customs barriers for Ukrainian paper and furniture

Ukraine’s anti-deforestation rules are intended to preserve export access to the EU market. However, without paper and furniture on the list of goods, without effective sanctions, and with enforcement beginning only in 2030, these rules could hinder that goal.

11:12 Fri 16.10.26 113
Fines for loud exhaust — based on a standardized measurement method — UNBA

Legislation

Fines for loud exhaust — based on a standardized measurement method — UNBA

Measures to combat intentionally loud exhaust noises are justified, especially during wartime. However, as long as the law does not specify which noise standard to apply or how to measure it on the road, this new liability can be neither fair nor effective.

13:53 Thu 15.10.26 106
Guarantees for advocacy without protective measures: proposed changes to the codes

Guarantees of the practice of law

Guarantees for advocacy without protective measures: proposed changes to the codes

The current law sets forth the rights and guarantees of the legal profession, but lacks the tools to protect them. The future law on advocacy is intended to fill this gap through amendments to criminal, administrative and procedural legislation.

19:41 Tue 13.10.26 157
Living abroad doesn't sever your ties with Ukraine: what you should check

Abroad

Living abroad doesn't sever your ties with Ukraine: what you should check

Moving to another country and even long-term residence abroad does not automatically sever an individual’s legal ties to Ukraine. Tax residency, sole proprietorship status, foreign income, enforcement proceedings, and military registration remain relevant even after relocation.

18:13 Tue 13.10.26 107
Exceptions to the state prosecutor's representation in court must be consistent with the CCU's decision

Legislation

Exceptions to the state prosecutor's representation in court must be consistent with the CCU's decision

To prevent the provisions of Article 23 of the Law «On the prosecutor’s office» from being declared unconstitutional again, the proposed amendments contained in the government’s draft law should be clarified.

14:32 Fri 09.10.26 106
How can an advocate defend a client whose data is processed by the Interpol system?

Educational events

How can an advocate defend a client whose data is processed by the Interpol system?

The absence of a last name on the Interpol website does not necessarily mean that no one is looking for that person. How can you find out exactly what information police databases in 196 countries hold about a client, and does the removal of a record mean that the problems are behind you?

16:27 Thu 08.10.26 109
A bill implementing the Convention on the Protection of the Professions of Lawyer has been introduced

Legislation

A bill implementing the Convention on the Protection of the Professions of Lawyer has been introduced

The constitutional guarantees of legal aid, defense, and the independence of advocacy cannot be realized without protecting advocates from unwarranted interference in their professional activities, including searches, the seizure of professional materials and the use of criminal procedural mechanisms to exert pressure.

14:08 Mon 05.10.26 278

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

Оберіть файл