The largest number of violations of attorneys' rights in 2020 occurred in Kyiv and the region

          During 2020, law enforcement agencies sent 170 notifications regarding the searches and detentions against attorneys. In total, local Bar Councils visited 229 searches and detentions against colleagues. 53 searches and detentions took place without notification of the regional Bar Council, which breaches the Law of Ukraine “On the Bar and Legal Practice”.

          This information is based on the statistical data on the activities of bar self-government bodies for 2020.

          At the same time, Kyiv and Kyiv region have records for almost all of the parameters specified afore and this trend was maintained in all quarters of the last year. In total, in 2020, the capital Bar Council received 40 notifications regarding the detentions and searches, and 30 of such documents were received in the region. Odesa region Bar Council took third place by receiving 25 times received notifications regarding the conducting of procedural actions against defenders for 25 times.

          In 2020, members of the Kyiv region Bar Council have made the largest number of visits to searches and detentions against attorneys, namely 70. In the capital, the regional Bar Council made 42 of such visits, and in the Odesa region regional Bar Council made32 of them.

          Kyiv region also had the highest number of unauthorized searches and detentions –against attorneys, namely 32. During the year, 8 similar situations were recorded in Kharkiv and Odesa regions.

          Last year, the regional Bar Councils received 1,532 requests from attorneys regarding the refusal to provide information at the request of attorneys which also breaches the relevant law. In particular, the law provides that refusal to provide information at the request of attorney, late or incomplete provision of such information, or provision of information that does not correspond to reality results in liability established by law, except the cases of refusal to provide information with limited access.

          According to this indicator, the leaders were also Kyiv region (397) and Kyiv (342). Odesa region Bar Council received 120 of such requests. The regional Bar Councils concluded 360 administrative protocols on violations: 135 in the Kyiv region, 55 in the Odesa region, and 40 in the Dnipropetrovsk region.

          In 2020, regional Bar Councils received 121 complaints from attorneys regarding the violations of their professional rights. Regional Bar Council of Kyiv region received 31 complaints, the regional Bar Council of Donetsk region received 19 complaints, and the regional Bar Council of the Dnipropetrovsk region received 11 complaints.

          In 2020, the Bar Council of Ukraine received 112 complaints regarding the violation of attorneys’ rights. 37 of them were sent to law enforcement agencies, 111 of them were sent to the Committee for the Protection of Attorneys' Rights and Bar Guarantees for further processing.

          As you may know, the Law of Ukraine “On the Bar and Legal Practice” provides that except particular situations a regional Bar Council representative must be present during a search or inspection of the house, other property of the attorney, the premises where he/she practices law, temporary access to things and documents of the attorney. To ensure his/her participation, the official who will carry out the relevant investigative action or apply a measure to ensure criminal proceedings notifies the regional Bar Council at the place of conduct of such procedural action in advance.

          Public authorities, municipal authorities, their officials are obliged to comply with the requirements of the Constitution of Ukraine and the laws of Ukraine, the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, and its protocols verified by the Verkhovna Rada of Ukraine and the case practice of the European Court of Human Rights during their cooperation with attorneys.