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
Interaction
The UNBA is developing a concept for a Center for expert research
The Ukrainian National Bar Association has begun work on a concept for a Center for expert research, which is intended to provide advocates and their clients with access to specialized knowledge and the ability to have expert opinions professionally reviewed.
Guarantees of the practice of law
Ombudsman calls for a firm response to violence against advocates
Every instance of obstruction of an advocate’s lawful activities, use of physical force, delaying an investigation, or concealment of evidence must be subject to a proper legal assessment. The state is obligated to ensure that the right to a defense is a genuine guarantee.
Greetings
The UNBA congratulates Denis Maslov on his appointment as Minister of Justice
Denis Maslov’s many years of experience as a advocate, his work as a judge and his tenure as chairman of the Verkhovna Rada of Ukraine’s Committee on legal policy have given him a deep understanding of how the legal system functions and the challenges it faces.
Legislation
The Verkhovna Rada explained why the section on advocacy should be removed from the anti-corruption strategy
The section on advocacy and legal aid in the draft anti-corruption strategy for 2026–2030 goes beyond the scope of anti-corruption policy and is inconsistent with the constitutional guarantees of the independence of the legal profession.
Announcements
Advocates are invited to the III UAA Arbitration Academy 2026
The UNBA, at the initiative of the Committee on alternative dispute resolution, invites advocates, lawyers, students, judges, government officials and anyone interested in international arbitration to participate in the III UAA Arbitration Academy 2026.
Educational events
How can an advocate recharge if fatigue persists after the weekend?
Fatigue resulting from prolonged stress does not always go away after sleep, a weekend, or a vacation. In situations of chronic stress, it is important for advocates not only to «take a break» but also to understand exactly which resource has been depleted and what type of rest is needed.
Discussion
Complaints, time limits and prosecutorial powers: what gaps in the CPC do advocates see?
During the pretrial investigation stage, the effectiveness of the defense depends to a large extent on the proper implementation of procedural safeguards: the timely consideration of complaints, the advocate’s access to information regarding the progress of the proceedings and so on.
Guarantees of the practice of law
The NACP’s clarification regarding the declaration of membership in the UNBA should be clarified – BCU
An advocate’s membership in the UNBA is an element of professional status arising by virtue of law, rather than a voluntary private membership in an association. Therefore, failure to disclose it in a declaration should not automatically lead to the conclusion of unethical conduct or the concealment of a private interest.
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