Investigator persuaded not to seize laptop and flash drives

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

Advocacy
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.

Advocacy
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.

Advocacy
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.

Advocacy
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.

Advocacy
European advocates discussed the legal consequences of the war in Ukraine

Advocacy
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.

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

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

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

Iryna Vasylyk Advocacy in the proclamation of Independence of Ukraine

Oleksandr DULSKY When we cross the border of the Supreme Anti-Corruption Court, we get into another department of the National Anti-Corruption…

Vadym Krasnyk The UNBA will work, and all obstacles and restrictions are only temporary inconveniences

Lydia Izovitova Interview with Lydia Izovitova on the occasion of the 8th anniversary of the founding of UNBA: We are the voice of t…