In 2021, 391 searches of advocates took place, more than half – in Kyiv region and Kyiv
In 2021, there were 391 cases of detentions and searches of advocates in Ukraine, of which 122 cases concerned advocates of Kyiv region, 95 – advocates of the Kyiv City. Kharkiv region is third this ‘rating.’ During the year, the Bar council of the region supervised 38 searches and detentions of colleagues.
This is evidenced by statistics on the activities of the regional Bar Councils.
At the same time, law enforcement agencies sent 322 reports of searches and detentions to the RBCs, most of all - to the RBCs of Kyiv City (95) and Kyiv Region (52), followed by Odessa Region, where the Bar Council of the region received 36 reports from law enforcement.
87 searches and detentions of advocates throughout the country occurred in violation of legal practice guarantees, without notifying the Bar self-government. Other areas had from 0 to 3 of such precedents for the whole year.
According to statistics, in 2021, advocates sent to RBCs 1571 appeals about failure to provide information upon advocate's request. 551 - to RBC of Kyiv region, 321 - to RBC of Kyiv City, 163 – to RBC of Odessa region. The rest of the regional Bar councils received from 0 to 71 of such documents. From this array of documents, 548 appeals were granted, on the basis of which they drew up protocols on administrative violations, Kyiv region - 291, Kyiv City and Odessa Region - 50 each.
Only 52 protocols were granted by the courts, most of all in the Kyiv region (16) and in Odesa (7). In Kyiv, no such protocols were granted by the court.
In 2021, advocates sent 124 appeals to the Bar councils of the regions for the protection of professional rights, and 120 applications were sent for processing to the relevant UNBA Committee.
As you know, the law "On the Bar and Practice of Law" provides that during the search or inspection of housing, other possession of an advocate, the premises where he carries out legal practice, temporary access to the advocate's belongings and documents must be attended by a representative of the Bar Council of the region, with some exceptions. Regardless of the measure to ensure criminal proceedings, law enforcement must inform the Bar Council of the region in advance about the place of such procedural action.
Public authorities, local self-government, their officials, and officers in relations with advocates are obliged to comply with the requirements of the Constitution of Ukraine and the laws of Ukraine, the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 and its Protocols, ratified by Verkhovna Rada of Ukraine, the practice of the European Court of Human Rights.
According to URAU, there are more than 63,000 advocates in Ukraine.Popular news
Guarantees of the practice of law
Proceedings opened following attack on advocate in Dnipro
The Committee for the protection of advocates' rights and guarantees of legal practice of the UNBA appealed to law enforcement agencies in connection with an advocate's report of an attack while performing his professional duties. The information was entered into the Unified Register of Pre-trial Investigations and a pre-trial investigation was initiated.
Abroad
UNBA office opens in EU capital
To strengthen the institutional presence of the Ukrainian advocacy community at the European level, an office of the Ukrainian National Bar Association has been opened in Brussels (Belgium), which will serve as a permanent platform for dialogue with European partners.
Guarantees of the practice of law
Identifying an advocate with a client is a blow to justice, — V. Gvozdiy
By defending individuals in criminal proceedings, advocates are in fact fighting for every person's right to a fair trial. Therefore, any identification of an advocate with their client is a blow not only to the profession, but also to justice itself.
Guarantees of the practice of law
Impunity for public stigmatization of advocates violates the constitutional right to defense
The prohibition of identifying an advocate with a client is an international standard enshrined in the Law «On advocacy and legal practice». However, without accountability, this guarantee does not work, which poses a direct threat to the realization of the right to defense and the principle of adversarial proceedings.
Legislation
Inheritance of a share in joint property and more: advocates have made comments
In the event of the death of one of the subjects of joint shared ownership, the shares of each of the co-owners in the joint shared ownership shall be deemed equal, unless otherwise agreed between them, by law, or by a court decision.
Legislation
Implementation of the Roadmap: the composition of the working group ensures a high level of expertise
The composition of the Working Group on the implementation of the Roadmap on the rule of law in relation to advocacy demonstrates the high institutional level of the experts involved by the Ukrainian National Bar Association in the formation of a package of decisions.
Legislation
UNBA initiatives to implement the Roadmap were supported by international experts
International experts who participated in the inaugural meeting of the Working Group on the implementation of the Roadmap on the rule of law in advocacy and agreed to join it expressed their support for the initiative of the Ukrainian National Bar Association.
Legislation
How will the group responsible for implementing the Roadmap for advocacy operate?
The working group on the implementation of the Roadmap on the rule of law in the area of advocacy will operate at several levels: plenary meetings as a platform for adopting framework decisions, a coordination bureau for compiling documents and calendar control, and thematic subgroups for preparing norms and their justification. International experts will verify the results against European standards and «red lines».
Publications
Volodymyr Matsko Extradition as a systemic form of rights violations
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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
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