BCU will address the President concerning the danger of calls for human rights restrictions in the Criminal Procedure Code

Advocacy
10:54 Sat 11.09.21 268 Reviews
Print

The Bar Council of Ukraine will address the President of Ukraine concerning calls for restrictions of human rights in the Criminal Procedure Code, which are openly expressed by the President's representative in the Constitutional Court of Ukraine.

During the opening of the BCU meeting on September 10, the Head of UNBA, BCU Lydia Izovitova drew attention to the speeches of Fedor Venislavsky in the media, where he pointed out the need to change the Criminal Procedure Code because of too broad rights of attorneys.

"Such statements are made in conditions when the rights of attorneys are constantly violated by law enforcement agencies. We know this for sure from the statistics kept by the regional bar councils and the Committee for the Protection of Attorneys' Rights, UNBA Secretariat. We have a stable situation when our metropolitan region, Kyiv and Kyiv region, hold the lead in conducting searches of attorneys, including without notifying Bar Council of the region,” Lydia Izovitova said.

She reminded that only in April-June 2021 the regional bar councils received 110 notifications about searches and detentions of attorneys. Another 52 cases of detentions and searches took place without BC of the regions` notification, 46 of them were in Kyiv region. According to statistics, during this period, representatives of the BC of the regions 156 times made visits to the relevant procedural actions of colleagues.

Lydia Izovitova described such statements of the official as “calls for the return of authoritarian justice when there are no acquittals; attorneys perform the formal role of those present in the trial, and the court is governed by the prosecution."

The Head of UNBA, BCU referred to the decision of BCU №119 "On public discussion of compliance with the principle of equality of participants in court proceedings, presumption of innocence, as well as adversarial process, unimpeded exercise of rights and guarantees of advocacy", adopted in 2020.

"It is unfortunate that these principles once again are subject to unhealthy speculation, on which we must provide a legal position and once again initiate a public professional discussion on the need to adhere to standards of human rights, independence of the bar and adversarial justice. These are fundamental things for the bar, which have already been implemented in Ukrainian legislation, in the course of difficult discussions, numerous efforts of parliamentarians and attorneys. Therefore, calls to abandon these standards are in fact a proposal to abandon those European integration principles enshrined in the Constitution," the Head of UNBA, BCU said.

On September 11, during a BCU meeting, Lydia Izovitova recalled the history of the adoption of the current Criminal Procedure Code, which was a compromise on the rights of attorneys. However, it is currently proposed to further restrict the rights of defenders.

"Today, even this Criminal Procedure Code seems so democratic to some that it is proposed to cut it once again,"  the Head of UNBA, BCU said.

She clarified that this is an intention to reduce the guarantees of citizens, and this is done on behalf of a person who "was authorized to represent the guarantor of our rights in the Constitutional Court, and it is very dangerous, so we cannot react."

Lydia Izovitova also reminded that working groups within the Legal Reform Commission are working on amendments to the Criminal Procedure Code, and some of these changes propose to revive the 1960 Criminal Procedure Code. UNBA, through its representatives in these working groups, proved the danger of such ideas and their consequences. At present, such a position needs to be communicated to parliamentarians, who can amend the Criminal Procedure Code by a simple majority.

"It is necessary that deputies know the consequences for all citizens and for the people's deputies themselves. They need to know where laws, that restrict rights, can lead to,” the Head of UNBA, BCU urged.

It will be recalled that the President’s representative in the Constitutional Court, Fedir Venislavsky, said in an interview with the parliamentary TV channel Rada that “The current Criminal Procedure Code has a lot of opportunities for abuse and prolongation of the process. We see this in the example of many high-profile cases. The defense can delay the case for years ... The Criminal Procedure Code needs to be improved. Almost everyone is talking about it."

A similar statement was made in an interview with TV Channel 24 on September 3, 2021: "Just a few days ago, I said on one of the TV channels that, in my opinion, the Criminal Procedure Code should be changed as part of judicial reform. The legal community immediately took up arms against me. They said that Venislavsky told that the Criminal Procedure Code, recognized by the Venice Commission as the best, needed to be changed. In fact, this Criminal Procedure Code provides very significant opportunities for the defense to make such a significant delay. In particular, in the High Anti-Corruption Court of Ukraine. Unfortunately, we have many examples of attorneys abusing their procedural rights to prolong the case."

з

 

Popular news

UNBA supported the draft law on restoring sovereignty

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.

19:21 Tue 14.10.25 100
A new competition for FLA advocates has begun

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.

14:07 Tue 07.10.25 121
The CCBE called for the urgent ratification of the Convention on the protection of the profession of advocate

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.

11:38 Mon 06.10.25 123
Ukrainians are invited to participate in an international competition for young advocates

Announcements

Ukrainians are invited to participate in an international competition for young advocates

Applications are now being accepted for the 2026 Young European Advocates Contest, organized by the Academy of European Law (ERA) and the Council of Bars and Law Societies of Europe (CCBE).

13:07 Fri 19.09.25 130
Attempts to discredit advocates go beyond freedom of speech — IBA and UNBA meeting

Discussion

Attempts to discredit advocates go beyond freedom of speech — IBA and UNBA meeting

On September 17, as part of his working visit to Ukraine, Mark Ellis, Executive director of the International Bar Association (IBA), visited the Ukrainian National Bar Association, where a working meeting was held on ensuring guarantees for the practice of law in Ukraine.

16:18 Thu 18.09.25 251
Data from registers on powers of attorney and wills compromised – NCU

Other

Data from registers on powers of attorney and wills compromised – NCU

During testing of the e-notary system, it was established that the test (training) version contained all data on powers of attorney, wills, and documents registered in the Unified Register of Powers of Attorney and the Inheritance Register copied up to a certain date.

14:23 Thu 18.09.25 223
IBA’s BIC supports UNBA: advocates should not be identified with their clients

Guarantees of the practice of law

IBA’s BIC supports UNBA: advocates should not be identified with their clients

The International Bar Association's Bar Issues Commission (IBA’s BIC) has sent a letter to the President of the Ukrainian National Bar Association expressing concern over the UNBA's reporting of attacks on the independence of the legal profession and the safety of lawyers in Ukraine.

16:38 Wed 17.09.25 399
Sincerity, respect, and trust: what is important when communicating with military personnel and veterans

Legal defence of military personnel

Sincerity, respect, and trust: what is important when communicating with military personnel and veterans

War changes people not only through their experiences on the front lines or losses, but above all through their perceptions of security, justice, and the limits of their own endurance. Therefore, communication with military personnel and veterans goes beyond psychological issues and becomes a matter of public culture, human rights practice, and even professional ethics for advocates.

16:47 Tue 16.09.25 128

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

Оберіть файл