ICJ report: Lawyers in Ukraine continue to be regularly targeted through the justice system for undue reasons

Advocacy
17:45 Wed 13.05.20 724 Reviews
Print

Lawyers in Ukraine continue to be regularly targeted through the justice system for undue reasons. They continue to be identified with their clients, facing negative consequences not only at the hands of violent extremist right-wing radical groups, but also as a result of abuse of legal proceedings against them.

This is stated in particular in the report of the International Commission of Jurists (ICJ) called «Between the Rock and the Anvil: Lawyers under Attack in Ukraine» issued following ICJ one-week mission to Ukraine from 4 to 8 March 2019 to assess the situation of security and independence of lawyers.

The report presents conclusions and recommendations on the safety of lawyers, murders, harassment of lawyers through the use of legal mechanisms, problems faced by lawyers in defending human rights, independence and reform of the bar in Ukraine, the work of lawyers in uncontrolled territories.

The ICJ, in particular, noted that the conflict of 2014 has significantly affected the justice system and individual lawyers have found themselves at the front-line of the conflict or its ideological aftermath in one form or another. While not every lawyer’s work was affected, those who work on politically sensitive cases have faced attacks and harassment, and in some cases have been killed This cannot but send a strong signal to all lawyers of the consequences they may face for a zealous defence of the clients and has a chilling effect on work of the legal profession.

The report stressed that political endorsement of violent extreme right-wing groups operating in the name of patriotism has resulted in weakening of the rule of law and a significant level of impunity for carrying out attacks on lawyers. Not only lawyers, but judges as well as the justice system as a whole have been undermined by the regular and frequent attacks and impunity for them. Lawyers have often been left alone and without effective legal recourse against groups who intimidate, threaten, attack or otherwise harass them and interfere with their professional activity. The greatest irreparable consequences of such attacks are killings of lawyers for which the perpetrators have not been brought to justice.

The ICJ acknowledged and commended that the UNBA plays an active role in monitoring these cases, though little has been done to speedily and fully investigate them.

We recall that in March 2019, the UNBA leadership met with a delegation of the International Commission of Jurists during their mission in Ukraine. The topic of the meeting was the observance of the rights of lawyers in Ukraine. In this regard, the reasons for the appearance of the draft law  No. 9055 «On the Bar and Legal Practice» were discussed, as well as the threats to lawyers to provide effective protection, provide legal assistance to all citizens of Ukraine, the existence of independent legal self-government.

Popular news

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 18.09.26 124
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 17.09.26 110
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 14.09.26 162
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 07.09.26 109
How DISC helps manage «tigers», «monkeys», «elephants» and «turtles»

Educational events

How DISC helps manage «tigers», «monkeys», «elephants» and «turtles»

The same instruction from a manager may motivate one employee to take action, while leaving another without the necessary guidance. People perceive work tasks differently: for some, a deadline and the expected outcome are enough, while others need explanations, time or a detailed plan.

11:22 Tue 01.09.26 168
The Council of Europe Convention will strengthen constitutional guarantees of human rights – M. Stavniychuk

Guarantees of the practice of law

The Council of Europe Convention will strengthen constitutional guarantees of human rights – M. Stavniychuk

The exclusive right of an advocate to represent another person in court, as enshrined in the Constitution, should be viewed as an integral part of the mechanism for protecting human rights in Ukraine. Furthermore, ratification of the Council of Europe Convention on the Protection of the Professions of Lawyer could strengthen the substance of this and other guarantees.

10:45 Mon 31.08.26 107
The Verkhovna Rada is preparing a bill to implement the Convention on the Protection of the Professions of Lawyer

Legislation

The Verkhovna Rada is preparing a bill to implement the Convention on the Protection of the Professions of Lawyer

Members of Parliament plan to introduce a bill in the near future to implement the main provisions of the Council of Europe Convention on the Protection of the Professions of Lawyer. This parliamentary initiative may also prompt the government to expedite the preparation of the ratification package.

12:13 Fri 28.08.26 190
What an advocate should consider when a fee dispute escalates into a complaint to the QDBC

Educational events

What an advocate should consider when a fee dispute escalates into a complaint to the QDBC

If an advocate files a lawsuit seeking to recover fees from a client, the client may in turn file a complaint with the High Qualification and Disciplinary Commission of the Bar in an effort to compel the advocate to withdraw the lawsuit. How do the advocacy’s disciplinary bodies handle such cases?

13:07 Wed 26.08.26 139

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

Оберіть файл