Violation of attorney' rights has become the norm for law enforcement officers - Yevhen Solodko
Illegal searches, identification of an attorney with a client, interference in advocacy, covert investigative actions have become the norm in the work of law enforcement agencies.
This was stated by Deputy Head of the Committee for the Protection of Attorneys of The National Bar Association of Ukraine (hereinafter - UNBA) Yevhen Solodko at the All-Ukrainian Forum "Ukraine 30. Development of Justice".
"Neglect of the law, neglect of the process, absolutely illiterate qualification of the actions of those who are prosecuted - this has become the norm", - said Yevhen Solodko.
He reminded that the wave of searches in the offices of attorneys at one time became a catalyst for the creation of a profile committee within the structure of UNBA.
"In 2016, there was a body that was supposed to deal with the fight against corruption. However, no one could have predicted that it would start working outside the legal field. It was in 2016 when the wave of attorneys` searches began. When it happened 1-3 times, it caused a certain indignation, because there have been such cases before. But when it became systemic, it became clear that we needed to defend ourselves. That is when the UNBA Committee for the Protection of Advocacy Rights was established, because no one but ourselves will protect us, "- the UNBA Deputy Head emphasized.
At the same time, Yevhen Solodko noted that the state has begun to listen to the proposals of attorneys and this is a very progressive step in reforming the justice system in Ukraine.
"The statistics of violations of the rights and guarantees of advocacy are sad and horrible, because our colleagues die every year. Unfortunately, there are many of such cases. Constant interference in communication, searches, break-in, damage to property, etc. It is gratifying that the state, including this Forum, has heard us and that it perceives us as equals, invites us to a certain dialogue, listens to our proposals", - Yevhen Solodko said.
Watch a video of the speech during the discussion panel "Development of the Bar".
We remind, on March 1, the head of UNBA took part in opening of the All-Ukrainian forum "Ukraine 30. Development of justice" with participation of the president of Ukraine. During the first day of the forum, the Strategy for Further Development of the Justice System was discussed.
Popular news
Guarantees of the practice of law
Guarantees for advocacy without protective measures: proposed changes to the codes
The current law sets forth the rights and guarantees of the legal profession, but lacks the tools to protect them. The future law on advocacy is intended to fill this gap through amendments to criminal, administrative and procedural legislation.
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
Search of an advocate's office after client's acquittal: criminal complaint filed
In Kyiv, law enforcement officers conducted a search of the home of an advocate who had defended a client acquitted by the court and seized materials from the advocate’s case file. The proceedings were initiated shortly after the acquittal, even though the document they were searching for was already included in the court case file.
Guarantees of the practice of law
The paradoxes of urgency: is it possible to investigate a crime before it is committed?
On September 24 in Kyiv, National Police officers detained an advocate during an emergency search, having caught him in the act of committing a crime. At the time, the pretrial investigation in this case had already been ongoing for more than four months.
Guarantees of the practice of law
A side effect of the video conference: the judge mistook the sound of a chair for the advocate's response
Technology also has its downsides. The High Council of Justice acquitted a judge who failed to hear the advocates during court proceedings in a civil case. One of the arguments presented to the disciplinary body was poor connectivity, the risks of which are borne by the participants.
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
