Report of Savva Kuzmenko, Council of Europe HELP program Coordinator from UNBA, on the activities in 2022
By the Order of the UNBA, the BCU Head, Lidiya Pavlivna Izovitova, dated December 29, 2021, No. 204, Director of the Higher School of Advocacy of UNBA Savva Kuzmenko was appointed as Council of Europe HELP program Coordinator from UNBA.
In 2022, the Coordinator's activities contributed to the expansion of the partnership between the educational platforms of the Higher School of Advocacy of UNBA and the HELP Council of Europe, a number of initiatives and activities aimed at continuing the successful implementation of the Council of Europe HELP projects with the participation of the legal community.
Let present the Report of Savva Kuzmenko, Council of Europe HELP program Coordinator from UNBA, on the activities in 2022, which include the following:
- key results of cooperation between the educational platforms of the Higher School of Advocacy of UNBA and the HELP Council of Europe and promotion of the online educational space on the HELP platform;
- the results of the Coordinator's participation at the annual HELP 2022 Conference held in Strasbourg, France, 30 June – 1 July 2022;
- information on the training for trainers of the HELP platform (ToTs), Strasbourg (France), 28 November 2022;
- events in order to improve the qualifications of advocates in the Higher School of Advocacy of UNBA on the application of ECHR standards and appealing to the ECtHR under martial law;
- trainers' comments and participants' feedback about the online course "Basic principles of human rights protection in the field of biomedicine";
- events and activities, informational support for courses and events of the Council of Europe HELP program in the legal community;
- thematic manuals, reviews, compilations of ECtHR practice on the platform of the Higher School of Advocacy.
More about initiatives and activities of Council of Europe HELP program Coordinator from UNBA in 2022 at the link.
Popular news
Legislation
A bill implementing the Convention on the Protection of the Professions of Lawyer has been introduced
The constitutional guarantees of legal aid, defense, and the independence of advocacy cannot be realized without protecting advocates from unwarranted interference in their professional activities, including searches, the seizure of professional materials and the use of criminal procedural mechanisms to exert pressure.
Abroad
The CCBE is discussing European justice and issues related to the protection of advocates
Today, October 2, a meeting of the Standing Committee of the Council of Bars and Law Societies of Europe (CCBE) is taking place in Brussels. On the agenda are the protection of the advocate profession, the rule of law, attorney-client privilege, and changes in the European justice system.
Rule of Law Roadmap
The UNBA presented the key provisions of the future law on advocacy in Brussels
The Ukrainian National Bar Association presented its proposals for the upcoming law on advocacy, aligned with the Rule of Law Roadmap. The presentation covered topics such as access to the profession, self-governance, disciplinary procedures, professional development and guarantees for the practice of advocacy.
Educational events
Advocates were taught to voice their complaints without making accusations
In a difficult conversation, it’s easy to confuse facts with opinions, feelings with accusations, and requests with demands. How can you express dissatisfaction, explain your own needs, and propose a specific solution while still allowing your conversation partner the opportunity to refuse or suggest an alternative?
Guarantees of the practice of law
The paradoxes of urgency: is it possible to investigate a crime before it is committed?
On September 24 in Kyiv, National Police officers detained an advocate during an emergency search, having caught him in the act of committing a crime. At the time, the pretrial investigation in this case had already been ongoing for more than four months.
Guarantees of the practice of law
Unrestricted access to advocates' accounts poses a risk of client data disclosure — BCU
Information regarding transactions in the bank accounts of an advocate, a law firm, or a bar association from which clients can be identified, as well as the fact and subject matter of a request for legal assistance, the purpose of payments, and the amount of the fee constitutes attorney-client privilege. This rule applies regardless of whether the information also constitutes banking information and is in the possession of a bank.
Guarantees of the practice of law
The contract provides for a video conference, but the court requires in-person appearance: how should an advocate proceed?
Many advocates today work remotely; therefore, their agreements with clients provide for the provision of legal assistance via videoconferencing. However, this form of work does not, in and of itself, create an unconditional obligation for the court to conduct every hearing via videoconference.
Guarantees of the practice of law
Independent oversight is necessary before using CISA materials against an advocate – Lidiya Izovitova
Before the prosecution uses information obtained during covert investigative actions and related to an advocate’s activities, independent procedural oversight must be conducted. It is necessary to determine whether such information is covered by attorney-client privilege and whether it may be disclosed.
Publications
Vasyl Kolishnyi, «Law and Business» Supporting mental health should become part of the professional culture of the Bar, - H. Udovenko
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
