Deputies propose to give attorneys the right to traumatic weapons

Advocacy
17:40 Thu 21.01.21 475 Reviews
Print

          A bill has been registered in the Verkhovna Rada proposing that the Law on the Bar and Legal Practice provides attorneys with the right to traumatic weapons.

          Bill №4612 can be viewed on the official website of the parliament.

          It is proposed to add to Article 23 of the relevant law the right "to purchase, carry, record, store and use devices of domestic production for firing cartridges equipped with rubber or similar in their properties non-lethal metal shells."

          The current legislation does not provide a rule that would ensure such a right of an attorney, which deprives him of the opportunity to defend himself during the performance of his professional duties, the authors of the legislative initiative point out.

          Thus, according to the order of the Ministry of Internal Affairs №379 of June 13th, 2000, employees of courts, law enforcement agencies and their close relatives have the right to purchase active defense equipment (devices for firing cartridges equipped with non-lethal rubber or similar metal shells) as well as persons involved in criminal proceedings, journalists and freelance journalists, deputies of Ukraine, members of public formations for the protection of public order and the state border, servicemen, except for conscripts, civil servants with categories and ranks.

"The absence of a attorney's right to purchase, carry, record, store and use devices of domestic production for firing cartridges equipped with non-lethal rubber or similar metal shells - is not fair, because the attorney during the performance of his professional duties risks the life and health not less than a journalist or a member of a public formation,” the explanatory note reads.

          Therefore, the adoption of the bill will help increase the protection of attorneys in their professional activities, achieve equal status of attorneys with other professions that pose risks to life and health, as well as increase the prestige of the legal profession.

          "Today, in order for an attorney to obtain the right to purchase, carry, record, store and use domestically produced devices to fire cartridges equipped with non-lethal rubber or similar metal shells, it is necessary to circumvent the law by joining the public formation, or getting a freelance journalist's ID. This gap in the legislation should be eliminated by adopting this bill,”-the accompanying document states.

          The UNBA, and the relevant Committee for the Protection of Attorney' Rights have repeatedly publicly supported the idea of ​​giving attorneys the right to bear arms, given the risks to life and safety that attorneys face in connection with their professional activities.

          As you know, in 2020 the Committee for the Protection of Attorney' Rights and Advocacy Guarantees at the UNBA received 101 complaints about violations of attorney's rights and advocacy guarantees, in particular, about the destruction of attorneys' property - 6 appeals, threats to attorneys - 15 appeals, facts of physical violence against attorneys - 9 appeals. An allegation of attempt to murder of an attorney was also submitted to the Committee for Proper Response.

Popular news

The path to ratification of the Convention must not end in yet another delay — L. Izovitova

Legislation

The path to ratification of the Convention must not end in yet another delay — L. Izovitova

Ukraine’s preparations for the ratification of the Council of Europe Convention on the Protection of the Professions of Lawyer have already passed key stages. Now, government institutions must submit the matter to the Verkhovna Rada for consideration. In doing so, Ukraine may complete the ratification process faster than EU member states.

18:02 Thu 20.08.26 137
Ukraine could be the first to implement a European mechanism for the protection of advocates. What’s holding it back?

Guarantees of the practice of law

Ukraine could be the first to implement a European mechanism for the protection of advocates. What’s holding it back?

Ukraine has a chance to be the first country to ratify the Council of Europe Convention on the Protection of the Professions of Lawyer. Political support for this exists, but the government’s legislative package has not yet been submitted to parliament. Meanwhile, the number of violations of advocates’ rights is on the rise.

18:32 Wed 19.08.26 210
How can an advocate verify that work has been completed if the client refuses to sign the report?

Educational events

How can an advocate verify that work has been completed if the client refuses to sign the report?

When billing by the hour, the primary document for determining the fee may be a detailed report on the time spent by the advocate and the work performed. To prevent the client from withholding payment, the contract should specify in advance the procedure for submitting and approving such a report.

11:14 Wed 19.08.26 215
The BCU took note of the public appeal from the HCJ

Self-government

The BCU took note of the public appeal from the HCJ

The Bar Council of Ukraine has determined that, given the current security situation, it is objectively impossible to hold, in accordance with the procedure established by the Law «On the advocacy and the practice of law», meetings of advocates, regional conferences of advocates and the Congress of Ukrainian Advocates, including for the purpose of electing two members of the High Council of Justice under the quota allocated to the Congress of Ukrainian Advocates.

17:22 Tue 18.08.26 123
The BCU has launched a digital project «Wall of Remembrance and Honor»

War

The BCU has launched a digital project «Wall of Remembrance and Honor»

The Bar Council of Ukraine has adopted a resolution to launch the digital project «Wall of Remembrance and Honor». To this end, the UNBA is beginning to collect information on advocates and paralegals who lost their lives as a result of the Russian Federation’s armed aggression against Ukraine.

14:12 Tue 18.08.26 122
Medical care, veterans' benefits and legal assistance: what changes are needed to protect service members

Legal defence of military personnel

Medical care, veterans' benefits and legal assistance: what changes are needed to protect service members

The consequences of torture and illnesses suffered by Ukrainian servicemembers while in captivity are not always properly documented or taken into account when providing social benefits. Therefore, a medical examination is crucial during the reintegration phase; it is also necessary for documenting war crimes.

16:38 Fri 07.08.26 103
Energy law: the UNBA and the ADMGE have agreed to cooperate

Interaction

Energy law: the UNBA and the ADMGE have agreed to cooperate

Advocates will deepen their professional expertise in the field of energy law, and participants in the distributed and flexible generation market will have greater opportunities to obtain professional legal assistance.

14:31 Fri 07.08.26 212
How glasses help you switch off advocate mode – a lifehack

Educational events

How glasses help you switch off advocate mode – a lifehack

The constant need to be available to clients, thinking about cases outside of work hours, and internalizing others’ emotions blur the line between an advocate’s professional and personal life. That is why it is important to practice switching between contexts, use external «anchors» and separate one’s own responsibilities from those of the client.

11:12 Fri 07.08.26 112

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

Оберіть файл