Ukrainian authorities should provide defense guarantees for lawyers - ECBA
The prohibition of identification of an advocate with a client must be enforced under any circumstances, regardless of the category of cases. Ensuring this guarantee of the legal profession is a positive obligation of each state.
This is stated in the resolution adopted on May 6 by the European Criminal Bar Association (ECBA) following the discussion of the legal consequences of the war in Ukraine.
"Sharing the indignation of all conscious citizens at the facts of massive war crimes and crimes against humanity, we emphasize that even in such circumstances, the rule of law must be respected," the document says. - We congratulate our colleagues at the Ukrainian National Bar Association for their commitment to protecting the right to a fair trial, no matter how heinous the crimes charged against their clients. Such a position is courageous because, against the backdrop of the aggressor's actions, it is unpopular and often challenging to understand."
The European lawyers reminded me that the highest calling of the legal profession is to ensure that all people, regardless of the severity of the charges against them, receive a fair trial without intimidation or bias.
Instead, the ECBA noted, today's trials in Ukraine are accompanied by pressure on lawyers from society, politicians, and law enforcement agencies. This includes not only physical attacks or intimidation but also attempts to impede the provision of qualified defense, for example, by forcing the termination of contracts, particularly in the free legal aid system.
"We are witnessing numerous searches of Ukrainian lawyers, which have signs of persecution and harassment. This is a global problem that threatens the independence of the profession, which cannot be justified even under martial law," the resolution states.
According to paragraph 18 of the Basic Principles on the Role of Lawyers, adopted by the VIII United Nations Congress on the Prevention of Crime on August 1, 1990, lawyers should not be identified with clients and their cases concerning the performance of their professional duties.
The rule of prohibition of identification with a client, the document emphasizes, must be observed under any circumstances, regardless of the category of cases (traitors, prisoners of war, collaborators, etc.). At the same time, ensuring this guarantee of the legal profession is a positive obligation of each state.
Therefore, the ECBA called on the Ukrainian authorities to ensure the protection of lawyers and on the Prosecutor General's Office and law enforcement agencies to take measures to stop any acts of interference with their professional activities, condemn attempts to exert pressure, and impartially and effectively investigate all attacks on lawyers.
As a reminder, the systemic facts of obstruction of professional activity, violation of the rights and guarantees of the legal profession became the basis for convening an extraordinary meeting of the Bar Council of Ukraine on April 11. This issue was also discussed on April 27 during a roundtable organized by the Ukrainian National Bar Association.
For reference: The European Criminal Bar Association (ECBA) is an association whose members are independent lawyers from the member states of the European Union and the Council of Europe, as well as from other countries.
The Association was founded in 1992 and has since become the leading organization of lawyers in Europe. It brings together criminal defense lawyers and criminal law experts in Europe who defend the fundamental rights of persons under investigation, suspects, accused, and convicted persons.
Popular news
European integration
Lidiya Izovitova: In the context of European integration reforms, advocacy is a partner of the state, not a target of reform
The war has significantly altered the working conditions for advocates, while European integration has presented the profession with new institutional challenges. The ongoing negotiation process covers issues such as the rule of law, judicial independence, fundamental rights, justice, freedom and security.
Guarantees of the practice of law
The Verkhovna Rada discussed the next steps for ratifying the Convention on the Protection of the Professions of Lawyer
The Verkhovna Rada Committee on legal policy held a working meeting to prepare for the ratification of the Convention for the Protection of the Profession of Lawyer. The meeting was attended by members of parliament, representatives of the Office of the President, the Ministry of Justice, the Ministry of Foreign Affairs and the Ukrainian National Bar Association.
Guarantees of the practice of law
Valentin Gvozdiy: Ukraine’s ratification of the Convention for the Protection of the Profession of Lawyer – is a matter…
Exactly one year ago, on May 13, 2025, in Luxembourg, during the 134th session of the Committee of Ministers of the Council of Europe, the Convention for the Protection of the Profession of Lawyer was opened for signature. Today, the Verkhovna Rada Committee on legal policy held a working meeting to prepare for its ratification. Between these two dates lies a year, during which (on March 9) Ukraine became the 28th signatory state. We spoke about this new phase with the Vice President of the UNBA, BCU Valentin Gvozdiy, who was personally involved in the preparation of this international instrument.
Support
Mental health, archives and cybersecurity: The UNBA and the IBA reviewed the progress of joint projects
The Ukrainian National Bar Association and the International Bar Association (IBA) reviewed the progress of joint projects that are of practical importance in the context of the war: supporting the mental health of advocates, digitizing archives, and strengthening the cybersecurity of the legal infrastructure.
Rule of Law Roadmap
The UNBA is developing a model for reforming the legal profession
The reform of the advocacy profession is part of the negotiation process regarding Ukraine’s accession to the European Union, and the Rule of Law Roadmap explicitly identifies the Ukrainian National Bar Association as one of the key stakeholders in the process.
Legal defence of military personnel
Missing in action: advocates explain the procedure to the families of servicemembers
As part of the «Advocate+» pilot project, advocates continue to work with military personnel in the brigades, helping to resolve practical legal issues — ranging from social benefits and payments to undergoing medical examinations and processing paperwork.
Guarantees of the practice of law
Police to investigate the NACP's attempts to reform advocacy
The Office of the Prosecutor General has opened a criminal investigation into alleged abuse of power by employees of the National Agency for Corruption Prevention.
Interaction
Advocates and patent attorneys combine their expertise in the field of intellectual property
Joint legislative proposals, expert opinions on regulatory changes and professional discussions on key issues in the field of intellectual property will form the basis of cooperation between the Ukrainian National Bar Association and the National Association of Patent Attorneys of Ukraine.
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