UNBA proposes to involve advocates into organization of the exchange of prisoners of war

Advocacy
10:10 Thu 05.05.22 789 Reviews
Print

Ukrainian National Bar Association appealed to the Deputy Prime Minister - Minister for Reintegration Iryna Vereshchuk and to Verkhovna Rada Commissioner for Human Rights Lyudmila Denysova to involve the advocates in the organization of the exchange of prisoners of war.

"Given the Geneva Conventions, which oblige states to protect people during a war, and the European Convention on Human Rights regarding basic legal guarantees of treatment people both in peacetime and in wartime, I appeal to you to involve Ukrainian advocates in the proceedings of prisoners-of-war exchange in order to ensure their access to proper legal assistance, including the representation of their interests in court ", - as stated in the letter of UNBA/BCU President Lidiya Izovitova.

The appeals to the relevant Ministry and the Ombudsman stressed that in the conditions of martial law, the constitutional right to professional legal assistance is exercised without any restrictions imposed by the law of Ukraine "On the Legal Regime of Martial Law."

At present, advocates are effectively exercising their professional duties, including on a pro-bono basis, in particular, within the framework of the volunteer movement "Advocates of the Armed Forces of Ukraine". Many advocates have been drafted to the Armed Forces of Ukraine and territorial defense formations, while maintaining the status of an advocate, with all relevant professional rights and guarantees, " stated in the letter.

According to UNBA President, Ukrainian Bar, in times of Russian aggression, makes every effort to maintain appropriate conditions for the protection of people’s rights, preserve the fundamental principles of a democratic state, observe the rule of law and the legal order.

Popular news

The UNBA explained what could undermine the plan to introduce plea agreements

Legislation

The UNBA explained what could undermine the plan to introduce plea agreements

Information regarding who pays whom, how much, and on what grounds under a plea agreement must be made public. However, as long as this information is classified as a state secret or personal data, the court will continue to be able to close proceedings and restrict access to judgments.

10:41 Tue 20.10.26 107
The UNBA and the German Institute for Eastern Law will prepare joint legal opinions

Interaction

The UNBA and the German Institute for Eastern Law will prepare joint legal opinions

Ukrainian advocates and German legal scholars will jointly prepare comparative legal studies, expert opinions, and professional events. The UNBA reached this agreement with the Institute for Eastern European Law in Regensburg, which has been researching the laws of Central and Eastern European countries for nearly 70 years.

17:41 Mon 19.10.26 109
Proceedings against military personnel following AWOL require clear deadlines — UNBA

Legislation

Proceedings against military personnel following AWOL require clear deadlines — UNBA

A soldier’s return to duty after AWOL does not necessarily mean the end of criminal proceedings. To ensure that the case does not remain at the pretrial investigation stage, a clear procedure for the investigator and prosecutor is required.

19:04 Fri 16.10.26 183
A one-time payment or royalties? Students were briefed on changes to copyright agreements

Educational events

A one-time payment or royalties? Students were briefed on changes to copyright agreements

As a general rule, property rights to a work created by an employee are transferred to the employer, but the author retains the right to remuneration. European law requires that this remuneration be based on the actual income generated by the work, rather than being limited to a one-time payment.

13:46 Fri 16.10.26 112
The UNBA warned of the risk of customs barriers for Ukrainian paper and furniture

Legislation

The UNBA warned of the risk of customs barriers for Ukrainian paper and furniture

Ukraine’s anti-deforestation rules are intended to preserve export access to the EU market. However, without paper and furniture on the list of goods, without effective sanctions, and with enforcement beginning only in 2030, these rules could hinder that goal.

11:12 Fri 16.10.26 140
Fines for loud exhaust — based on a standardized measurement method — UNBA

Legislation

Fines for loud exhaust — based on a standardized measurement method — UNBA

Measures to combat intentionally loud exhaust noises are justified, especially during wartime. However, as long as the law does not specify which noise standard to apply or how to measure it on the road, this new liability can be neither fair nor effective.

13:53 Thu 15.10.26 128
What should an advocate do if a client is under severe stress?

Educational events

What should an advocate do if a client is under severe stress?

An advocate may encounter a client in a state of acute stress, when the person is looking at the other person but does not see them. Before discussing the case, it is important to bring the client back to reality: establish contact, ask a few questions, and engage their senses.

18:12 Wed 14.10.26 105
Guarantees for advocacy without protective measures: proposed changes to the codes

Guarantees of the practice of law

Guarantees for advocacy without protective measures: proposed changes to the codes

The current law sets forth the rights and guarantees of the legal profession, but lacks the tools to protect them. The future law on advocacy is intended to fill this gap through amendments to criminal, administrative and procedural legislation.

19:41 Tue 13.10.26 184

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

Оберіть файл