Bar Council of Ukraine approved Recommendations on the protection of attorneys` rights in the period of COVID-19 quarantine
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
Interaction
Advocates discussed possible areas of cooperation with the business ombudsman
Protecting the legitimate interests of businesses is a common area of work for advocacy and the Business Ombudsman Council. The former is an independent constitutional institution within the justice system, while the latter is an important element of the mechanism for responding to complaints from entrepreneurs.
Legislation
UNBA supported the draft law on restoring sovereignty
The Ukrainian people alone have the right to form state authorities. Delegating powers to form authorities to persons who are not citizens of Ukraine is contrary to the provisions of the Constitution.
Legislation
Risks to business from virtual asset regulation identified by the UNBA
The current version of the draft law on virtual asset circulation creates an environment that is incompatible with the principles of an innovative economy and the rule of law. In order to prevent the destruction of the crypto sector in Ukraine, it is necessary to systematically review the legislative initiative.
Legislation
Sole judge or panel? Criteria for determining the composition of the court must be specified in the law
When court rules depend not on the law but on human discretion, this creates room for legal uncertainty. The limits of judicial discretion have once again come into focus following the emergence of a legislative initiative that changes the approaches to the activities of judges of the High Anti-Corruption Court.
Abroad
London arbitration talk: jurisdictions, sanctions, assets, immunity
On September 29, experts and practitioners from the UK, Poland, France, USA, UAE and Ukraine gathered in London to discuss the recognition and enforcement of arbitral awards in different jurisdictions, as well as mechanisms for locating and seizing assets.
Legal Aid
A new competition for FLA advocates has begun
A competition has been announced to select advocates who will be involved in providing free secondary legal aid. It will last until December 8, 2025, throughout Ukraine, except for Donetsk, Luhansk regions, and the Autonomous Republic of Crimea.
Guarantees of the practice of law
The CCBE called for the urgent ratification of the Convention on the protection of the profession of advocate
The Council of Bars and Law Societies of Europe (CCBE) has called on all states to sign and ratify the Council of Europe Convention on the protection of the profession of advocate as soon as possible, as the integrity of justice and trust in the rule of law depend on it.
Legal Aid
The Cabinet of Ministers supported the idea of expanding the circle of recipients of FLA
Orphans and children deprived of parental care aged 18 to 23 will be able to receive free secondary legal aid.
Publications
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
Sergiy Vylkov Our judicial system is so built that courts do not trust advocates
Iryna Vasylyk Advocacy in the proclamation of Independence of Ukraine
Oleksandr DULSKY When we cross the border of the Supreme Anti-Corruption Court, we get into another department of the National Anti-Corruption…
Vadym Krasnyk The UNBA will work, and all obstacles and restrictions are only temporary inconveniences