Bar Council of Ukraine approved Recommendations on the protection of attorneys` rights in the period of COVID-19 quarantine

Advocacy
14:24 Thu 22.04.21 362 Reviews
Print

Bar Council of Ukraine approved Recommendations on the protection of attorneys` social and professional rights in the period of quarantine.

UNBA\BCU President Lidya Izovitova reported this during the presentation of unified recommendations for judges on safe work during the quarantine.

The online event took place with the participation of HCJ, representatives of the EU Advisory Mission for Civil Security Sector Reform of Ukraine, the Council of Judges of Ukraine, the SJA, the Supreme Court, the UN Human Rights Monitoring Mission, and the WHO.

"By approving these Recommendations, the High Council of Justice and the European Union Civil Security Reform Advisory Mission to Ukraine have done a great job of minimizing the risks of coronavirus infection in the courts. On behalf of attorneys and their clients, we are grateful for this work, including the fact that the Recommendations were developed transparently with the participation of representatives of all institutions that make up the justice system. In 2020, representatives of the National Bar Association of Ukraine participated in panel discussions, during which the draft recommendations were discussed", - said UNBA President.

At the same time, Lydia Izovitova stressed that Recommendations are based on the priority of the natural right to life, health, and a safe environment, and it is on this foundation that the Recommendations approved by the High Council of Justice should be applied. Accordingly, there is a need to strike a fair balance between this natural right and the right to a fair trial.

The right to a fair trial cannot be limited, its provision is a positive duty of the state, the pandemic has necessitated a reassessment of the content and meaning of the very concept of the "right to a fair trial", its new content. We can call it the right to a safe trial or a safe trial. In the new realities, justice must have such a component as the safety of life and health of all participants in the proceedings. I am sure that this renewal and rethinking will take place due to judicial practice, " - the UNBA`s head emphasized.

Lydia Izovitova added that there are unfortunate deaths of coronavirus among attorneys who died selflessly performing their professional duties in conditions of high health risks.

"A position based on the natural human right to life and health should not be regarded as a position restricting a person's right to a fair trial, which currently exists alongside the procedural time limits for consideration of the case. Similarly, it should not be used as a basis for disciplinary action against lawyers, accusations of abuse of rights, or dishonest performance of professional duties. Such manipulations are inappropriate and destroy the trust and mutual respect of the participants in the proceedings, the authority of the profession and do not contribute to the objective consideration of cases", - said UNBA President.

According to Bar Council of Ukraine Recommendations, in case of lack of safe conditions for advocacy (in particular, non-compliance with the number of people present at the established rate of square meters in the room, finding persons without personal protective equipment, etc.) attorneys may not participate in court hearings, in investigative actions, by sending a statement about the circumstances that endanger life and health. Such actions of the attorney are not a violation. Relevant proposals to amend the procedural legislation are being prepared and will be sent by the UNBA to the Verkhovna Rada of Ukraine and the High Council of Justice.

The BCU also recommends that lawyers file a motion to adjourn cases due to quarantine measures, the current epidemic situation in the area where the court is located, or the attorney lives or works.

"As we know from practice, in the absence of an attorney, the court may appoint another attorney, and as it usually happens – the attorney gets appointed from the system of free legal aid. However, the Bar Council of Ukraine recommends that under quarantine such a practice be interpreted as deprivation of the right to freely choose an attorney and violation by the attorney who will go in such a process",- said the head of the UNBA.

BCU Recommendations contain several other positions, including use of e-justice tools, in the development of which the Bar is actively participating.

Lydia Izovitova urged not to ignore the existing quarantine restrictions and medical recommendations. In this context, she recalled that UNBA urged Government to include lawyers in the priority list of Covid-19 vaccine.

 

 

                                                                                                    

Popular news

The model for legal assistance to veterans was discussed at the UNBA

Legal defence of military personnel

The model for legal assistance to veterans was discussed at the UNBA

A working meeting was held at the Ukrainian National Bar Association, during which representatives of the advocacy profession, the Ministry of Veterans Affairs of Ukraine and a foreign expert discussed approaches to providing legal aid to veterans, the role of the advocacy profession in this system, and the experience of other countries.

18:07 Mon 20.04.26 142
The CJU has endorsed guarantees of the legal profession’s independence and has proposed a meeting with the BCU

Guarantees of the practice of law

The CJU has endorsed guarantees of the legal profession’s independence and has proposed a meeting with the BCU

The Council of Judges of Ukraine has responded to a letter from the Bar Council of Ukraine regarding the inadmissibility of the High Council of Justice granting immunity to a member of the High Council of Justice — a privilege not provided for by law — as well as regarding violations of constitutional guarantees of the independence of the legal profession and attorney-client privilege.

18:24 Fri 17.04.26 128
The UNBA and the Ministry of Veterans are expanding their cooperation

Interaction

The UNBA and the Ministry of Veterans are expanding their cooperation

War veterans, their family members, as well as the family members of fallen Defenders of Ukraine are to receive improved access to professional legal assistance and additional opportunities for independent legal protection.

16:27 Mon 13.04.26 149
Advocates have warned that the draft Labor Code would curtail workers' protections

Legislation

Advocates have warned that the draft Labor Code would curtail workers' protections

Certain provisions of the draft Labor Code of Ukraine regarding collective labor disputes undermine labor protections and do not comply with constitutional and international standards.

11:47 Thu 09.04.26 236
Representatives from the Ministry of Veterans Affairs and the UNBA discussed veterans' access to justice

Legal defence of military personnel

Representatives from the Ministry of Veterans Affairs and the UNBA discussed veterans' access to justice

On April 3, a working meeting was held at the Ministry of Veterans Affairs of Ukraine with representatives of the Ukrainian National Bar Association, dedicated to improving the effectiveness of legal protection for war veterans and their families.

16:17 Tue 07.04.26 177
The right of minors to marry: how judicial oversight works

Educational events

The right of minors to marry: how judicial oversight works

The issue of granting minors the right to marry lies at the intersection of family law, child protection, and judicial discretion. The UNBA Committee on family law dedicated a webinar held on March 30 to this very topic.

11:28 Tue 07.04.26 213
The UNBA and the Coordination headquarters have agreed to cooperate in assisting those released from captivity

Interaction

The UNBA and the Coordination headquarters have agreed to cooperate in assisting those released from captivity

Servicemen released from captivity, family members of prisoners of war, civilians deprived of their personal liberty as a result of armed aggression, as well as persons missing in connection with the war, will gain additional opportunities to access legal assistance and protect their rights.

19:14 Mon 06.04.26 183
BCU: The HCJ’s decisions undermine the constitutional guarantees of the independence of the advocacy profession

Self-government

BCU: The HCJ’s decisions undermine the constitutional guarantees of the independence of the advocacy profession

The Bar Council of Ukraine has concluded that, in its recent decisions, the High Council of Justice has, without legal grounds, called into question the right of bar self-governing bodies to protect the guarantees of legal practice and has, in effect, attempted to grant one of its members — who retains the status of an advocate — special immunity from the Rules of professional conduct and disciplinary responsibility.

14:56 Thu 02.04.26 226

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

Оберіть файл