TCC in Odesa region responded to violation of lawyer's rights and promised to improve
The Odesa Regional Territorial Centre for Recruitment and Social Support has demanded that the heads of the district TCCs and SPs exclude cases of violation of the advocates' professional rights in their official activities.
The Chairman of the Odesa Regional TCC and JV informed the UNBA Committee on Protection of Advocates' Rights and Guarantees of Practice of Law (by letter No. 943/20873 dated 04.10.2023) about this following the response to the violations that occurred in one of the district centres this summer.
In June of this year, lawyer D., who provided professional legal assistance to the client, arrived at the TCC and JV in Odesa, where he was undergoing a second military medical examination. However, the centre's staff physically prevented her from seeing the client.
After reviewing the materials received, the Committee concluded that the guarantees of the Practice of Law (Article 23 of the Law on the Bar and Practice of Law) in terms of the prohibition of any interference and obstacles to the practice of law, as well as the protection of the life, health, honour and dignity of the advocate by the state, were violated and sent a corresponding appeal to the Ministry of Defence of Ukraine.
In the appeal, the UNBA Committee reminded of the professional rights of advocates that were violated by the officials of the TCC and the JV:
- to represent and defend the rights, freedoms and interests of individuals in the state authorities, enterprises, institutions and organisations regardless of their form of ownership, by officials and officers whose powers include the resolution of relevant issues;
- to get acquainted at the enterprises, institutions and organisations with the documents and materials necessary for the Practice of Law;
- to draw up and submit applications, complaints, petitions and other legal documents;
- to present petitions and complaints at the reception of officials and officers, -
and also demanded to conduct an internal investigation and organise explanatory work among the staff to prevent violations of professional rights and guarantees of the Ukrainian advocates.
Popular news
Legislation
A bill implementing the Convention on the Protection of the Professions of Lawyer has been introduced
The constitutional guarantees of legal aid, defense, and the independence of advocacy cannot be realized without protecting advocates from unwarranted interference in their professional activities, including searches, the seizure of professional materials and the use of criminal procedural mechanisms to exert pressure.
Abroad
The CCBE is discussing European justice and issues related to the protection of advocates
Today, October 2, a meeting of the Standing Committee of the Council of Bars and Law Societies of Europe (CCBE) is taking place in Brussels. On the agenda are the protection of the advocate profession, the rule of law, attorney-client privilege, and changes in the European justice system.
Rule of Law Roadmap
The UNBA presented the key provisions of the future law on advocacy in Brussels
The Ukrainian National Bar Association presented its proposals for the upcoming law on advocacy, aligned with the Rule of Law Roadmap. The presentation covered topics such as access to the profession, self-governance, disciplinary procedures, professional development and guarantees for the practice of advocacy.
Guarantees of the practice of law
Independent oversight is necessary before using CISA materials against an advocate – Lidiya Izovitova
Before the prosecution uses information obtained during covert investigative actions and related to an advocate’s activities, independent procedural oversight must be conducted. It is necessary to determine whether such information is covered by attorney-client privilege and whether it may be disclosed.
Self-government
Efforts to develop advocacy must be brought to fruition — A. Misyats
The Ukrainian advocacy profession is currently going through a critical phase. Amid the war, it must ensure the continuity of legal aid, defend the independence of the profession, and improve qualification and disciplinary procedures in accordance with European standards. The work that has been started must be brought to a practical conclusion.
Support
Protecting the legal profession, cybersecurity and support for advocates: common themes for the IBA and the UNBA
On September 18, a working meeting was held at the office of the Ukrainian National Bar Association with Executive Director of the International Bar Association (IBA) Mark Ellis. The parties discussed the Ukrainian advocacy profession’s participation in European legal processes, the protection of the UNBA’s digital infrastructure, psychological support for advocates and future areas of cooperation.
Educational events
Tax residency of Ukrainians abroad: what matters
The determination of tax residency for Ukrainians who have been living abroad for an extended period depends on the combination of their personal and economic ties to each country. The established status determines the procedure for reporting income, paying taxes and fulfilling CFC reporting obligations.
Educational events
Time, risk of dismissal and effort to provide rationale: how a court reads a procedural document
When drafting a procedural document, an advocate should take into account three criteria used by the court: the time required to review the materials, the risk of the decision being overturned, and the effort required to provide a rationale for it.
Publications
Vasyl Kolishnyi, «Law and Business» Supporting mental health should become part of the professional culture of the Bar, - H. Udovenko
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