Investigator persuaded not to seize laptop and flash drives

15:00 Thu 14.09.23 10 Reviews

Information obtained in the course of communication between an advocate and a client constitutes the attorney-client privilege. Therefore, in accordance with the provisions of the Criminal Procedure Code and the Law on the Bar and Practice of Law, the relevant media cannot be seized.

On 12 September, the Main Department of the National Police in Kyiv conducted a search in the office of a person who has the status of a lawyer. Bohdan Kushnir, a representative of the UNBA Committee on Protection of Advocates' Rights and Guarantees of Practice of Law, took part in the event.

During the event, the investigator found a laptop and ten flash drives, which were to be seized.

B. Kushnir noted that according to Article 161 of the CPC, the things and documents to which access is prohibited are correspondence or other forms of information exchange between the defence counsel and his client, as well as objects attached to such correspondence or other forms of information exchange. In addition, Article 23 of the Law «On the Bar and Practice of Law» expressly prohibits the inspection, disclosure, demand or seizure of documents related to the practice of law.

After hearing the arguments of the UNBA Committee's representative, the investigator abandoned his initial intentions and left the media in the possession of the person subject to the search.

«It is clear that lawyers (unlike law enforcement officers) cannot use physical force when it comes to performing their tasks. The only weapons we have are our minds and words, says B. Kushnir, - Therefore, we cannot resist by force, even in cases of obvious encroachments on the attorney-client privilege by law enforcement officers. However, we can find a common language and communicate the legal consequences of violating the guarantees of the legal profession. In this particular case, thanks to communication with the investigative team, we managed to reach an agreement to conduct a search without excessive formalism, on the principles of mutual respect and the rule of law».

As a reminder, the attorney-client privilege is any information that has become known to an attorney, an attorney's assistant, an attorney's trainee, a person in an employment relationship with an attorney, about a client, including the content of advice, consultations, explanations of an attorney, documents drawn up by an attorney, information stored on electronic media, and other documents and information obtained by an attorney in the course of his or her practice of law.

Interference by public officials with the activities of defence counsel is a crime punishable under Article 397 of the Criminal Code. One of the forms of interference is a violation of the guarantees of activity and professional secrecy established by law.

Popular news


The Ukrainian National Bar Association is expanding its international relations.

The UNBA Vice President, Mr. Valentyn Gvozdiy, recently visited Japan, where he met with the leadership of the Japan Federation of Bar Associations (JFBA) and representatives of law firms.

16:26 Fri 21.07.23 181


Ukrainian becomes the leader of the European Young Bar Association

On June 22 - 25, the European Young Bar Association (EYBA) summer conference was held in Oslo (Norway), where the organization's new leadership was elected.

20:54 Tue 27.06.23 188


Kakhovka hydroelectric power station explosion: advocates in the disaster zone will be provided with assistance

Attorneys of the Kherson region who suffered from the consequences of the man-made disaster caused by the destruction of the Kakhovka hydroelectric power station dam will receive assistance from the Ukrainian National Bar Association.

12:07 Thu 08.06.23 210


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.

18:10 Fri 12.05.23 272


European advocates discussed the legal consequences of the war in Ukraine

18:00 Fri 12.05.23 278


UNBA presents recommendations for adopting a child for foreign citizens and citizens of Ukraine permanently residing abroad

The Family Law Committee of UNBA and the Center "Child Advocate" of the Higher School of Advocacy of UNBA have prepared recommendations on adoption of a child residing in Ukraine for foreign citizens and citizens of Ukraine who are permanently abroad.

14:49 Fri 28.04.23 333


The UNBA took part in the presentation of the Council of Europe Action Plan for 2023-2026

20:15 Mon 24.04.23 354


The UNBA Board of Trustees provided financial assistance to the families of advocates affected by military operations

10:00 Thu 13.04.23 315

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

Оберіть файл