In 2020 violations of the rights of attorneys by judges of the High Anti-Corruption Court of Ukraine were recorded in 40 appeals of the UNBA to the authorities and international institutions

Advocacy
18:00 Fri 09.04.21 429 Reviews
Print

For almost 2 years of the existence of the High Anti-Corruption Court of Ukraine (hereinafter – HACC), Bar Council of Ukraine has addressed more than 40 appeals to the authorities and international legal institutions on the activities of the judges of this court.

It was emphasized by UNBA\BCU President Lydia Izovitova, on the International scientific-practical conference "Anti-corruption bodies: problems of formation, development, and interaction", which took place on April 9, 2021, at the National University "Odesa Law Academy".

"During 2020, the BCU has repeatedly considered attorneys` complaints about violations of their rights and guarantees of advocacy by judges of the HACC. Based on these complaints, the BCU has made 6 decisions, which have pointed to the inadmissibility of such violations. Also, the detailed legal substantiation of each case of such violations and recommendations for their immediate elimination is provided in the decisions. Some decisions were made based on appeals from 11 attorneys, some in response to violations of the rights of one attorney. More than 40 official appeals of BCU to state authorities and international professional institutions have drawn attention to this problem", - said UNBA President.

Lydia Izovitova focused on some far from legal, sometimes arbitrary, actions of judges of this court, which reflect the implementation of "a certain harmful policy in the judiciary: already pronounced, widespread and, unfortunately, perceived by some judges HACC. UNBA President has provided specific examples on this matter.

On the opinion of Lydia Izovitova, the first wake-up call is the publication on the official website of the HACC of the article of the HACC judge Viktor Maslov - "On measures to combat procedural abuse in criminal proceedings", which stated that the court itself may recognize as abusive any actions that have the appropriate direction and prevent a fast, full and impartial trial. Assessing this message, BCU stated that the author of the publication creates a basis for the criminalization of tools and tactics of protection, violating the constitutionally guaranteed right to protection. As a result, BCU accepted the appeal to the High Council of Justice, the Council of Judges of Ukraine, and the HACC.

"We see now that the court itself, as a sign of orientation, recognizes as abusive any lawful actions that prevent, in their opinion, a fast, complete, and impartial trial, and such a policy has already reached a fairly high degree of arbitrariness. In particular, the provisions of Articles 59, 63, and 64 of the Constitution of Ukraine on the right of a person to protection and professional legal assistance, which cannot be limited, became an obstacle to fast, full and impartial court proceedings for some HACC judges”, - Lidia Izovitova said.

UNBA is also concerned about the gross disregard of procedural law by HACC judges, in particular, the unfounded refusal to grant defense counsel's requests for a reasonable time to review the case file. For example, attorney Avdeenko V.A. addressed the UNBA with such a statement. Since he was given only 24 hours to read the audio and video recordings on 9 discs, he was forced to resign as a defense attorney with the consent of the client. However, the panel of judges of the HACC obliged the attorney to continue to participate in the proceedings, arguing that the defense counsel did not cite any of the circumstances provided for in Article 78 of the Criminal Procedural Code of Ukraine.

"Restrictions imposed by the panel of judges of the Supreme Anti-Corruption Court on reasonable deadlines for reviewing case materials, pressure from judges on an attorney for his mandatory but formal participation in the process, deprivation of the right to use procedural tools guaranteed to an attorney - made it impossible for attorney Avdeenko V.A. in adversarial proceedings, which is a violation of the basic principles of criminal proceedings and the actual deprivation of the accused of proper defense and free choice of attorney, contrary to the Constitution of Ukraine, the relevant law, the Criminal Procedural Code of Ukraine", - said Lydia Izovitova.

UNBA considers the statement of the HACC panel of judges in one criminal case, in which it was reported about the possibility of changing the measure of restraint for the accused due to the position of defense attorneys in the case, which, in the opinion of the panel, "prevents" the court from considering criminal proceedings. With such a threat from HACC judges, attorneys were effectively deprived of the opportunity to defend themselves professionally, the defendants were forced to renounce their defense counsel. Instead, the court forcibly, despite the objections of the accused, appointed a defense counsel following the Law of Ukraine “On Free Legal Aid”.

"Ignoring all the guarantees and principles of advocacy in Ukraine provided by national and international law, HACC judges, to speed up the trial, have put pressure on attorneys, replaced attorneys chosen by the client with attorneys from the free legal aid system, which, of course, contradicts the general principles of criminal procedure law and is incompatible with the state-guaranteed guarantees of independence and impartiality of judges", - said the Head of the UNBA.

Lydia Izovitova believes that there is a great danger in such manifestations, which is to limit the possibility of exercising the constitutional human right to protection, and defenders - to perform their professional duties. "There are problems, and they are not legislative. These are problems of legal consciousness of judges, and it is necessary to work with it every day ", - Lydia Izovitova emphasized.

 

Popular news

Protecting the rights of service members: The UNBA and the Military Ombudsman have agreed on cooperation

Interaction

Protecting the rights of service members: The UNBA and the Military Ombudsman have agreed on cooperation

Servicemembers, reservists, conscripts during training exercises, members of local community volunteer units, and other individuals covered by the Law «On the Military Ombudsman» should have better access to professional legal assistance.

9:59 Fri 27.03.26 115
Reform without data and advocacy: what the Ministry of Justice’s launch has revealed

Rule of Law Roadmap

Reform without data and advocacy: what the Ministry of Justice’s launch has revealed

The Ministry of Justice hosted the first meeting of the working group on bar reform. But instead of professional preparation of legislative changes, we saw exactly what Armada Network Director Dale Armstrong had spoken about the day before in Kyiv: not reform, but a struggle for control over the agenda through a narrow circle of “stakeholders” who create an echo chamber of influence for themselves.

16:42 Mon 23.03.26 147
Advocacy, European integration and the limits of intervention: an American report presented in Kyiv

Rule of Law Roadmap

Advocacy, European integration and the limits of intervention: an American report presented in Kyiv

Following its presentation in Brussels, the report «The Ukrainian advocacy in the context of the rule of law and European integration» made its way to Kyiv. It highlighted critical issues both in understanding the very nature of the self-governing profession and in the emergence of a «shadow market» surrounding the Ukrainian advocacy.

15:26 Fri 20.03.26 156
ETAIDF and MMC: where the system fails

Discussion

ETAIDF and MMC: where the system fails

The new system for assessing a person’s daily functioning and the practice of undergoing medical-legal examinations have already raised numerous questions — ranging from unclear procedures to difficulties in appealing decisions. These issues were examined by advocates during the roundtable discussion «Problematic issues of the ETAIDF and MMC», organized by the UNBA Committee on the protection of the rights of persons with disabilities and the All-Ukrainian public organization «Human rights union of persons with disabilities».

13:58 Thu 19.03.26 119
Access to the advocate profession: a subgroup has identified the direction of change

Rule of Law Roadmap

Access to the advocate profession: a subgroup has identified the direction of change

On Monday, March 16, a meeting was held of the subgroup «Access to the profession and training of advocates. Organizational forms of legal practice» of the Working Group on the implementation of the Rule of Law Roadmap.

18:14 Wed 18.03.26 114
Organization of advocacy: subgroup agrees on approaches to regulatory reform

Rule of Law Roadmap

Organization of advocacy: subgroup agrees on approaches to regulatory reform

On March 13, a meeting was held of the «Organization of the advocacy and self-government» subgroup of the Working Group on the implementation of the Rule of Law Roadmap regarding bar reform. The event was conducted via videoconference.

18:03 Mon 16.03.26 135
Ukraine has signed the Convention for the Protection of the Profession of Lawyer

Guarantees of the practice of law

Ukraine has signed the Convention for the Protection of the Profession of Lawyer

Today, on 9 March, Ukraine's Permanent Representative to the Council of Europe Mykola Tochytskyi signed the Council of Europe Convention for the Protection of the Profession of Lawyer. This makes our country the 28th to sign this important international treaty.

13:58 Mon 09.03.26 362
The subgroup on European integration held its inaugural meeting

European integration

The subgroup on European integration held its inaugural meeting

On March 5, the Ukrainian National Bar Association hosted a meeting of the subgroup of the Working Group on the implementation of the Roadmap on the rule of law in terms of reforming the advocacy sector, entitled «European integration, international practice and digitalization».

10:57 Fri 06.03.26 105

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

Оберіть файл