The status of a lawyer is not about privileges, but about standards of behaviour, - Solodko
During the search of the apartment, the lawyer apparently decided to get rid of unnecessary information and probably threw his phone and flash drives from the balcony. However, such «methods of defence» were recorded by law enforcement officers.
Yevhen Solodko, a member of the Ukrainian National Bar Association's Committee on Protection of Advocates' Rights and Guarantees of Legal Practice, took part in the investigation, which was conducted by detectives of the National Anti-Corruption Bureau on the basis of a ruling of the High Anti-Corruption Court.
Pursuant to Art. 23 of the Law on the Bar and Practice of Law, a representative of the bar self-government body must be present during the search or inspection of the advocate's home or other property, premises where he or she carries out the practice of law, and temporary access to the advocate's belongings and documents. In order to ensure his or her participation, the official who will conduct the relevant investigative action or apply the measure of restraint in criminal proceedings shall notify the bar council of the region at the place of such procedural action in advance. In order to protect the professional secrecy, the representative shall be entitled to ask questions, submit his or her comments and objections to the procedure for conducting procedural actions specified in the protocol.
While searching the balcony of an apartment, detectives noticed that a phone and several flash drives were lying on the ground below it. When one of the law enforcement officers dialled the number of the lawyer whose apartment was being searched, the phone under the balcony started ringing. In this regard, an additional group of NABU officers was called in to inspect the area under the balcony of the searched apartment.
«The status of an attorney-at-law is not only guarantees of activity, which some people mistakenly consider privileges. It also means higher standards of behaviour (compared to ordinary citizens) and respect for the legal profession», said Solodko.
He referred to Articles 12, 12-1 of the Rules of Professional Conduct, according to which a lawyer in all his activities must affirm respect for the legal profession, which he represents, its essence and public purpose, and contribute to the preservation and enhancement of respect for it in society. The advocate shall adhere to this principle not only in his or her professional activities, but also in public, journalistic and other spheres. The advocate must also be of good character, honestly and with dignity perform his or her professional duties.
«However, the established guarantees do not so much protect a person as ensure compliance with all the principles and foundations of the legal profession», the UNBA representative stressed. Thus, in particular, according to Art. 23 of the Law:
- operational and investigative measures or investigative actions, which may be carried out only with the permission of the court, shall be carried out against the advocate on the basis of a court decision made at the request of the Prosecutor General, his or her deputies, the prosecutor of the Autonomous Republic of Crimea, region, city of Kyiv and city of Sevastopol;
- it is prohibited to inspect, disclose, demand or seize documents related to the practice of law;
- interference with the advocate's private communication with a client is prohibited.
- in case of search or inspection of the advocate's home or other property, premises where he or she carries out the practice of law, temporary access to the advocate's belongings and documents, the investigating judge or court shall specify in its decision the list of things and documents to be searched, discovered or seized.
«It is clear that such actions of the advocate during the search hardly embellish him as a professional. But there are other questions: was he honest, did he behave with integrity and dignity, can we talk about the assertion of respect for the legal profession? And they are the criteria of proper behaviour established by the Rules of Professional Conduct. And the answers to them may well become the subject of consideration in a disciplinary case in the future. If, of course, the relevant complaint is received by the CDQA», warns Solodko.
Popular news
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.
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.
Discussion
The history of Ukrainian constitutionalism was discussed during a lecture
To mark Ukraine’s Constitution Day, the Center for research on the legal profession and law of the UNBA in collaboration with the «Bykivnia Graves» National Historical and Memorial Reserve organized an online lecture on the history of the Ukrainian constitutional process.
Legislation
The UNBA is counting on the swift ratification of the Convention on the Protection of the Professions of Lawyer
The ratification of the Council of Europe Convention on the Protection of the Professions of Lawyer must be accompanied by targeted amendments to legislation to strengthen safeguards for advocates, but should not be used as a pretext for dismantling the self-governing model of advocacy.
Interaction
A manifesto on AI in law was presented in Europe. The UNBA has joined the initiative
On June 24, as part of European Legal Sovereignty Day, which took place in Brussels, the Manifesto for a Referential of Human Guarantee in the Legal Use of AI was presented.
Court practice
Martial law has changed administrative disputes – findings from IUS PUBLICUM 2026
During martial law, the focus of administrative proceedings shifted: in addition to tax disputes, cases involving access to public information, personal data protection, and challenges to regulatory acts, the docket now includes mobilization issues, challenges to decisions by the TCC and the Special Purpose Commission, disputes regarding deferrals, military service, sanctions, and new administrative restrictions.
Court practice
Lidiya Izovitova identified 7 challenges in administrative proceedings for advocates
The predictability of judicial practice, jurisdictional disputes, cassation filters, enforcement of judgments against the state, the burden of proof, written proceedings, and guarantees for the practice of law remain key issues in administrative justice for advocates.
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