Valentyn Gvozdiy took part in the conference of the European Criminal Bar Association.

Advocacy
19:18 Sat 23.04.22 678 Reviews
Print

UNBA/BCU Vice-President Valentin Gvozdiy spoke at conference held in Riga, held by the European Criminal Bar Association with the support of the Latvian Council of Sworn Advocates.

The conference consisted of three panels on the confiscation and seizure of assets in criminal proceedings, activities of the European Public Prosecutor's Office and the advocate-client relationship. Keynote speakers included the President of the Supreme Court of Latvia Aigars Strupiss, the President of the Constitutional Court of Latvia Aldis Lavins, the Ombudsman of Latvia Juris Jansons, and the President of the Latvian Council of Sworn Advocates Janis Rosenbergs, James McGill, President of the Council of Bars and Law Societies of Europe (CCBE), opened a panel discussion on legal privilege.

The conference began with a presentation by Valentyn Gvozdiy on the rule of law in Ukraine during martial law and an overview of the criminal procedure novelties.

The UNBA/BCU Vice-President described the situation in the justice system in Ukraine and the amendments to the Criminal Procedure Code, adopted during martial law, and their influence on the state of advocate’s professional rights, citizens' rights to professional legal assistance.

"By making changes, the legislator tried to ensure a full and speedy pre-trial investigation under martial law. It is justified in the current situation. At the same time, it was important to respect the rights and interests of the participants in the proceedings. However, in our opinion, endowing the prosecution with the powers of investigating judge may lead to violation of the balance of interests. We hope that the prosecution will objectively and impartially perform its temporary duties under martial law. After all, these changes, according to the defense, are already narrowing the rights of clients, " Valentyn Gvozdiy warned.

Speaking about the role of the defense counsel in criminal proceedings under the new legislation, UNBA/BCU Vice-President noted that currently the investigator, investigating judge, prosecutor ensure the participation of defense counsel during separate procedural action, including in case of failure to appear - using technical means (video, audio communication) to ensure the remote participation of the defender.

"Ukrainian National Bar Association opposed such innovations, as it considers the remote participation of an advocate at the stage of pre-trial investigation to be ineffective for proper defense. Objections raised on our part, where we proposed to leave the issue of remote participation up for advocate’s discretion, and not to let the prosecution decide. Unfortunately, our objections were not taken into account, " Valentyn Gvozdiy stressed.

In addition, UNBA sent objections to the parliament regarding the procedural possibility of detaining a person during martial law without the permission of an investigating judge for a period of 260 hours. The legislator did not explain the criteria for calculating the need to detain a suspect for nine days and ignored the provisions of Art. 29 of the Constitution of Ukraine, which does not allow to detain a person without a court decision for a period exceeding 72 hours, as Valentyn Gvozdiy explained.

He detailed the new enhanced powers given to the prosecution and the simplification of criminal procedures, as well as new penalties for collaboration and war crimes.

"Under martial law, the legislator allowed the trial of criminal cases by video conference, if the accused is outside the courtroom. From now on, the issue of conducting a trial in this mode is accepted by the court without taking into account the opinion and wishes of the accused. It will be recalled that in peacetime, remote trial in criminal cases was impossible if the accused objected.

He noted that advocates perceived such innovations as extremely controversial. In our opinion, the introduced changes cannot fully ensure the observance of the accused's right to defense, as well as the forgo principles of adversarial proceedings, immediate examination of testimony, evidence and documents, freedom to present their evidence and argue their case before the court of law. It is an unjustified violation of the right of to a fair trial", Valentyn Gvozdiy added during the presentation.

He said that the administration of justice is currently complicated due to objective circumstances. According to the data published by the judiciary, in connection with active hostilities, courts cannot administer justice in 10 regions of Ukraine. In addition, 11 court premises were destroyed or damaged. In this regard, the legislator has given permission to change the territorial authority of cases in such courts. In particular, the Chair of the Supreme Court is now vested with the power to change the territorial jurisdiction of courts. To date, more than 130 courts in Ukraine have changed their territorial jurisdiction. Other courts continue to administer justice normally.

Popular news

Ukraine has signed the Convention for the Protection of the Profession of Lawyer

Guarantees of the practice of law

Ukraine has signed the Convention for the Protection of the Profession of Lawyer

Today, on 9 March, Ukraine's Permanent Representative to the Council of Europe Mykola Tochytskyi signed the Council of Europe Convention for the Protection of the Profession of Lawyer. This makes our country the 28th to sign this important international treaty.

13:58 Mon 09.03.26 276
«Freedom or security» — a false formula: speech by L. Izovitova at the conference of bar presidents

European integration

«Freedom or security» — a false formula: speech by L. Izovitova at the conference of bar presidents

Is the state protecting society from crime today, or is it gradually destroying the rule of law under the guise of this fight? These alarming trends were outlined by the President of the UNBA, BCU Lidiya Izovitova, during her speech at the 54th European Conference of bar presidents.

11:18 Wed 04.03.26 137
AI in advocacy and justice: ethics, regulation, limits of application

Discussion

AI in advocacy and justice: ethics, regulation, limits of application

The Ukrainian National Bar Association held a roundtable discussion entitled «Artificial Intelligence in the цork of advocates: ethics, responsibility, legal process engineering». Participants discussed how artificial intelligence systems are already being used in the professional activities of advocates and where the ethical boundaries of what is permissible lie.

13:28 Fri 27.02.26 131
Researchers from the USA explain how shadow reports became a grant service

European integration

Researchers from the USA explain how shadow reports became a grant service

Shadow reporting often becomes a tool for the grant economy and competition for influence on policy. Such «expertise» replaces impartial analysis with the delegitimization of bar self-government, masks conflicts of interest, and is used as a channel for external pressure on the institution.

20:04 Tue 24.02.26 149
A translation of the report on advocacy presented to the European Parliament has been published

European integration

A translation of the report on advocacy presented to the European Parliament has been published

A translation of a research report on the Ukrainian advocacy profession in wartime, previously presented to the European Parliament in Brussels, has been published. The document is presented as a basis for discussion on the rule of law, Ukraine's European integration aspirations, and countering Russian disinformation in the legal sphere.

16:54 Mon 23.02.26 255
How to formalize discharge from military service: practical workshop

Legal defence of military personnel

How to formalize discharge from military service: practical workshop

The issue of discharge from military service remains one of the most pressing and complex for Ukrainian defenders and their families. Due to constant changes in legislation, military personnel often face refusals to discharge them from service or even to consider their reports.

14:51 Mon 23.02.26 210
The Verkhovna Rada Committee criticized the format of the government working group on advocacy

Legislation

The Verkhovna Rada Committee criticized the format of the government working group on advocacy

The implementation of the Roadmap on the rule of law (approved by Cabinet of Ministers Resolution No. 475-r of May 14, 2025) in relation to advocacy raises the practical question of who exactly should prepare legislative changes and how.

17:48 Fri 20.02.26 263
The BCU demands a review of the composition of the government working group on reforming the advocacy profession

Self-government

The BCU demands a review of the composition of the government working group on reforming the advocacy profession

The President of the UNBA, BCU Lidiya Izovitova, appealed to the Cabinet of Ministers of Ukraine to review the composition of the working group on improving legislation in the field of advocacy and legal practice.

18:42 Thu 19.02.26 269

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

Оберіть файл