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
Legislation
The path to ratification of the Convention must not end in yet another delay — L. Izovitova
Ukraine’s preparations for the ratification of the Council of Europe Convention on the Protection of the Professions of Lawyer have already passed key stages. Now, government institutions must submit the matter to the Verkhovna Rada for consideration. In doing so, Ukraine may complete the ratification process faster than EU member states.
Guarantees of the practice of law
Ukraine could be the first to implement a European mechanism for the protection of advocates. What’s holding it back?
Ukraine has a chance to be the first country to ratify the Council of Europe Convention on the Protection of the Professions of Lawyer. Political support for this exists, but the government’s legislative package has not yet been submitted to parliament. Meanwhile, the number of violations of advocates’ rights is on the rise.
Educational events
How can an advocate verify that work has been completed if the client refuses to sign the report?
When billing by the hour, the primary document for determining the fee may be a detailed report on the time spent by the advocate and the work performed. To prevent the client from withholding payment, the contract should specify in advance the procedure for submitting and approving such a report.
Self-government
The BCU took note of the public appeal from the HCJ
The Bar Council of Ukraine has determined that, given the current security situation, it is objectively impossible to hold, in accordance with the procedure established by the Law «On the advocacy and the practice of law», meetings of advocates, regional conferences of advocates and the Congress of Ukrainian Advocates, including for the purpose of electing two members of the High Council of Justice under the quota allocated to the Congress of Ukrainian Advocates.
War
The BCU has launched a digital project «Wall of Remembrance and Honor»
The Bar Council of Ukraine has adopted a resolution to launch the digital project «Wall of Remembrance and Honor». To this end, the UNBA is beginning to collect information on advocates and paralegals who lost their lives as a result of the Russian Federation’s armed aggression against Ukraine.
Interaction
Energy law: the UNBA and the ADMGE have agreed to cooperate
Advocates will deepen their professional expertise in the field of energy law, and participants in the distributed and flexible generation market will have greater opportunities to obtain professional legal assistance.
Educational events
Where does an advocate's time go and what do they get in return
To assess balance in life, it’s worth identifying the areas where the most effort, time, and money are directed, and then determining what a person receives in return: income, respect, support, love, a sense of significance or the fulfillment of an important idea.
Court practice
The SC has clarified the different ways to respond to a lawyer's request that is ignored
If there is no response to an advocate’s request, the advocate has the right to file a petition with the Bar Association to hold the person administratively liable. An advocate may challenge the failure to provide information necessary for the provision of legal assistance on behalf of the client, rather than in their own name.
Publications
Volodymyr Matsko Extradition during wartime: when the risks outweigh the request
Volodymyr Matsko Extradition as a systemic form of rights violations
Victoria Yakusha, Law and Business The anti-corruption vertical cannot «take care» of the Bar as an institution, - acting head of the HQDCB
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