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
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.
Abroad
The CCBE is discussing European justice and issues related to the protection of advocates
Today, October 2, a meeting of the Standing Committee of the Council of Bars and Law Societies of Europe (CCBE) is taking place in Brussels. On the agenda are the protection of the advocate profession, the rule of law, attorney-client privilege, and changes in the European justice system.
Rule of Law Roadmap
The UNBA presented the key provisions of the future law on advocacy in Brussels
The Ukrainian National Bar Association presented its proposals for the upcoming law on advocacy, aligned with the Rule of Law Roadmap. The presentation covered topics such as access to the profession, self-governance, disciplinary procedures, professional development and guarantees for the practice of advocacy.
Educational events
Advocates were taught to voice their complaints without making accusations
In a difficult conversation, it’s easy to confuse facts with opinions, feelings with accusations, and requests with demands. How can you express dissatisfaction, explain your own needs, and propose a specific solution while still allowing your conversation partner the opportunity to refuse or suggest an alternative?
Guarantees of the practice of law
Unrestricted access to advocates' accounts poses a risk of client data disclosure — BCU
Information regarding transactions in the bank accounts of an advocate, a law firm, or a bar association from which clients can be identified, as well as the fact and subject matter of a request for legal assistance, the purpose of payments, and the amount of the fee constitutes attorney-client privilege. This rule applies regardless of whether the information also constitutes banking information and is in the possession of a bank.
Guarantees of the practice of law
The contract provides for a video conference, but the court requires in-person appearance: how should an advocate proceed?
Many advocates today work remotely; therefore, their agreements with clients provide for the provision of legal assistance via videoconferencing. However, this form of work does not, in and of itself, create an unconditional obligation for the court to conduct every hearing via videoconference.
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.
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
