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

Advocacy
14:24 Thu 22.04.21 453 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

Protecting the legal profession, cybersecurity and support for advocates: common themes for the IBA and the UNBA

Support

Protecting the legal profession, cybersecurity and support for advocates: common themes for the IBA and the UNBA

On September 18, a working meeting was held at the office of the Ukrainian National Bar Association with Executive Director of the International Bar Association (IBA) Mark Ellis. The parties discussed the Ukrainian advocacy profession’s participation in European legal processes, the protection of the UNBA’s digital infrastructure, psychological support for advocates and future areas of cooperation.

19:46 Fri 18.09.26 130
Tax residency of Ukrainians abroad: what matters

Educational events

Tax residency of Ukrainians abroad: what matters

The determination of tax residency for Ukrainians who have been living abroad for an extended period depends on the combination of their personal and economic ties to each country. The established status determines the procedure for reporting income, paying taxes and fulfilling CFC reporting obligations.

18:19 Thu 17.09.26 114
Are Europe's advocacy associations prepared for a potential war? V. Gvozdiy shared lessons from the Ukrainian experience

War

Are Europe's advocacy associations prepared for a potential war? V. Gvozdiy shared lessons from the Ukrainian experience

The continuity of the bar’s self-governance, the protection of professional registries and archives, as well as equal guarantees of employment for advocates, judges, and prosecutors must be enshrined in advance in legislation in the event of war or another emergency.

9:42 Mon 14.09.26 169
Payments to military personnel require clear and uniform criteria — UNBA Committee

Legal defence of military personnel

Payments to military personnel require clear and uniform criteria — UNBA Committee

The vagueness of terms in subordinate regulatory acts leads to differing interpretations of the grounds for paying additional compensation to military personnel. The UNBA has proposed harmonizing these acts and establishing transparent criteria for the allocation of funds.

16:45 Wed 09.09.26 107
Former CCBE President James MacGuill has passed away

Tragic news

Former CCBE President James MacGuill has passed away

The Ukrainian National Bar Association expresses its condolences on the passing of James MacGuill — a renowned Irish advocate and former president of the Law Society of Ireland and the Council of Bars and Law Societies of Europe (CCBE).

10:27 Mon 07.09.26 116
How DISC helps manage «tigers», «monkeys», «elephants» and «turtles»

Educational events

How DISC helps manage «tigers», «monkeys», «elephants» and «turtles»

The same instruction from a manager may motivate one employee to take action, while leaving another without the necessary guidance. People perceive work tasks differently: for some, a deadline and the expected outcome are enough, while others need explanations, time or a detailed plan.

11:22 Tue 01.09.26 170
The Council of Europe Convention will strengthen constitutional guarantees of human rights – M. Stavniychuk

Guarantees of the practice of law

The Council of Europe Convention will strengthen constitutional guarantees of human rights – M. Stavniychuk

The exclusive right of an advocate to represent another person in court, as enshrined in the Constitution, should be viewed as an integral part of the mechanism for protecting human rights in Ukraine. Furthermore, ratification of the Council of Europe Convention on the Protection of the Professions of Lawyer could strengthen the substance of this and other guarantees.

10:45 Mon 31.08.26 113
The Verkhovna Rada is preparing a bill to implement the Convention on the Protection of the Professions of Lawyer

Legislation

The Verkhovna Rada is preparing a bill to implement the Convention on the Protection of the Professions of Lawyer

Members of Parliament plan to introduce a bill in the near future to implement the main provisions of the Council of Europe Convention on the Protection of the Professions of Lawyer. This parliamentary initiative may also prompt the government to expedite the preparation of the ratification package.

12:13 Fri 28.08.26 194

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

Оберіть файл