Investigator persuaded not to seize laptop and flash drives

Advocacy
15:00 Thu 14.09.23 110 Reviews
Print

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 UNBA presented the CCBE with an overview of legal reform and challenges

European integration

The UNBA presented the CCBE with an overview of legal reform and challenges

Reform of the legal profession, Ukraine’s European integration commitments, guarantees of the profession’s independence, and practices of bar self-governance in European countries — these issues were the subject of discussion at the Council of Bars and Law Societies of Europe (CCBE).

14:39 Mon 01.06.26 107
New rules, old problems: the UNBA discussed the work of the ETAIDF and MMC

Discussion

New rules, old problems: the UNBA discussed the work of the ETAIDF and MMC

The reform of medical-social assessment and military medical commissions has changed procedures but has not resolved practical issues. People face situations where documents are not issued, decisions are based on technicalities, assessments are delayed, and they struggle to demonstrate their actual health status in specific life situations.

16:18 Wed 27.05.26 103
Co-parenting shouldn't be reduced to a 50/50 formula, — roundtable discussion

Discussion

Co-parenting shouldn't be reduced to a 50/50 formula, — roundtable discussion

Following a divorce, joint custody can serve as a mechanism for ensuring equal parental rights. However, this model requires clear criteria and cannot be applied automatically without taking into account the child’s age, the level of conflict between the parents, the risk of violence, and the feasibility of enforcing the future decision.

17:02 Wed 20.05.26 101
Penalties for errors in military registration require clear rules, – UNBA

Legislation

Penalties for errors in military registration require clear rules, – UNBA

The liability of officials for violations of military registration rules must be legally defined, proportionate, and effectively enforceable. Otherwise, the new fines will not protect citizens from registration errors but will create additional risks.

18:14 Mon 18.05.26 141
Lidiya Izovitova: In the context of European integration reforms, advocacy is a partner of the state, not a target of reform

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.

15:13 Fri 15.05.26 167
The Verkhovna Rada discussed the next steps for ratifying the Convention on the Protection of the Professions of Lawyer

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.

13:12 Thu 14.05.26 178
Valentin Gvozdiy: Ukraine’s ratification of the Convention for the Protection of the Profession of Lawyer – is a matter with concrete implications

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.

19:23 Wed 13.05.26 229
Mental health, archives and cybersecurity: The UNBA and the IBA reviewed the progress of joint projects

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.

18:27 Fri 08.05.26 229

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

Оберіть файл