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
Edition
Advocate or lobbyist? The UNBA has presented a guide to distinguishing between the professions
The Ukrainian National Bar Association has prepared a guide that helps distinguish between the legal status of an advocate and a lobbyist, explains the limits of permissible activities for each, and prevents possible violations of ethical and legal standards when participating in public policy-making.
Announcements
Essay contest on the synergy of human and artificial intelligence in diplomacy has begun
The Educational and Scientific Institute of International Relations at Taras Shevchenko National University of Kyiv invites students from higher education institutions in Ukraine to participate in the Second All-Ukrainian essay competition on the topic «Modern Ukrainian diplomacy: synergy of human and artificial intelligence in defending national interests».
Abroad
Where is the line between respect for the court and the dignity of an advocate?
Ukrainian advocates sometimes complain about condescending attitudes or tactless remarks from judges. But such conflicts are not unique to Ukraine. In various countries, advocates raise issues of communication culture in court, mutual respect, and the inadmissibility of humiliating participants.
Discussion
Occupational safety during wartime: legal risks and employer liability
On October 21, the National Bar Association of Ukraine held a round table discussion on «Occupational safety in conditions of martial law». Participants discussed how the war has changed the requirements for safe working conditions, what guarantees remain for employees, and what responsibility employers bear for violations of legislation in this area.
Abroad
The Czech advocacy has spoken out in defense of the professional independence of its Ukrainian colleagues
The Czech Bar Association (Česká advokátní komora, ČAK) will appeal to Ukrainian President Volodymyr Zelenskyy and Ukrainian authorities to ensure the preservation of the independence of advocacy in Ukraine.
Legal defence of military personnel
When agreement is (im)possible: family disputes involving military personnel
The number of family cases involving military personnel is growing, with the most common issues being divorce, division of joint property, alimony, deprivation or contestation of parental rights, adoption, establishment of guardianship, and cases related to domestic violence.
Self-government
Marina Stavniychuk: The UNBA is a professional organization, not a monopoly
A unitary state requires uniform standards for access to the profession and disciplinary responsibility, which is why the Ukrainian National Bar Association acts as a professional organization. Accusations of monopoly are false, because public associations cannot replace professional self-government.
Legislation
UNBA warned about the risks of uncoordinated changes regarding incapacitated persons
The Ukrainian National Bar Association supports the idea of strengthening guarantees for persons declared legally incompetent by a court, but warns against adopting changes that are not coordinated with each other. To ensure real, rather than declarative, protection of rights, a systematic review of the provisions of the Civil Code and the Code of Civil Procedure is necessary.
Publications
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
Sergiy Vylkov Our judicial system is so built that courts do not trust advocates
Iryna Vasylyk Advocacy in the proclamation of Independence of Ukraine
Oleksandr DULSKY When we cross the border of the Supreme Anti-Corruption Court, we get into another department of the National Anti-Corruption…
Vadym Krasnyk The UNBA will work, and all obstacles and restrictions are only temporary inconveniences
