During 2020 almost every day attorneys applied for violations of their rights
Violations of attorneys' rights remain a central issue in activity of the Ukrainian National Bar Association (hereinafter – UNBA) throughout its existence.
For 9 months of 2020 attorneys 97 times claim the violation of their rights to regional bar councils. During this period Bar Council of Ukraine (hereinafter – BCU) received 83 appeals. The UNBA Committee for the Protection of Attorneys' Rights received 73 appeals during first three quarters of this year.
This was announced by the Head of UNBA, BCU Lidia Izovitova during a meeting of the BCU on December 18th.
The most frequent violations of attorneys' rights occur in Kyiv region and Kyiv city, Odesa and Dnipropetrovsk region. There are the biggest numbers of searches and detentions. Thus, in the third quarter in Ukraine 62 authorized searches of attorneys took place, 18 of them were in the Kyiv region.
During this period, regional bar councils made 95 searches and detains of attorneys. Most often it happened in Kyiv region (36 times), Odessa region (23 councils), Kyiv city (19 times). In addition, during July-September another 33 searches and detentions of attorneys took place without notifications to the regional bar councils, which constitutes a violation of the Law "On the Bar and Legal practice". Kyiv region (18) and Odesa region (8) hold negative records for the number of such cases.
In 2020 the legal community faced the problem of violations of attorneys' rights by judges, and not only the Supreme Anti-Corruption Court. One week ago in the Zaporizhia region there was a glaring case when an attorney was attacked in the courtroom, and law enforcement officers took part in it.
"It is important that these statistics are as widely known as possible, because direct violations of the relevant law should be known not only to attorneys or law enforcement agencies. Journalists and society should be aware about this. We always make every effort to ensure that both specific stories and such analytics are available to the press, and journalists should be our allies in this,” said Lidia Izovitova.
Popular news
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.
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.
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.
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.
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.
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.
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?
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.
Publications
Vasyl Kolishnyi, «Law and Business» Supporting mental health should become part of the professional culture of the Bar, - H. Udovenko
Volodymyr Matsko Extradition during wartime: when the risks outweigh the request
Volodymyr Matsko Extradition as a systemic form of rights violations
Victoria Yakusha, Law and Business The anti-corruption vertical cannot «take care» of the Bar as an institution, - acting head of the HQDCB
Censor.net Protecting advocates – protecting justice: addressing concerns about the new law
Ihor Kolesnykov A BRIEF SUMMARY REGARDING THE APPLICATION OF THE ORDER ON EXTENDED CONFISCATION IN LATVIA REGARDING FINANCIAL ASSETS OF…
Valentyn Gvozdiy WORKING IN A WAR ZONE
Lydia Izovitova Formula of perfection