Lidiya Izovitova outlined the key problems of the Bar in 2023

Advocacy
15:00 Fri 15.12.23 426 Reviews
Print

The current year is not exactly favorable to lawyers and the bar. And, unfortunately, there is no reason to hope for a quick end to the troubles that became particularly acute on February 24 last year.

This was emphasized by Lidiya Izovitova, the President of UNBA, BCU during a meeting of the Bar Council of Ukraine, which is taking place in Uzhhorod on December 15-16. On the eve of the next Bar Day, she recalled the key topics that formed the UNBA's agenda for 2023.

«The society, tired of the troubles of war, has long had a strong demand for justice and punishment of criminals. And this demand should be satisfied by law enforcement agencies, noted Ms. Izovitova. - Unfortunately, this is not happening. Out of tens of thousands of open proceedings, only a few go to court. How to explain this level of work? Of course, it is the obstacles in the legislation that prevent us from working effectively. And this is where the obvious procedural tilt towards empowering the prosecution comes from».

In particular, she recalled the recently canceled «Lozovyi amendments» to the CPC, which limited the investigation period from entering data into the URPTI to the moment of serving a person with a suspicion. «We have repeatedly assessed this idea and warned about the negative consequences», - L. Izovitova said.

In her opinion, this leads to another related problem: the length of the criminal process and the unreasonable timeframe for court hearings. «And we are to blame for this problem. Not the investigators and prosecutors who are unable or unwilling to properly collect evidence, formalize investigative actions and submit indictments to court in a timely manner, and not the judicial system, which is objectively overloaded with cases due to the catastrophic shortage of judges, said the President of UNBA, BCU. - And judges can do nothing about it. Hence, the idea of punishing lawyers for abusing their procedural rights has become more active. At the same time, they want to give judges the authority to establish the fact of violations. That is, judges themselves (and not the bar's disciplinary bodies) will determine the content of a lawyer's disciplinary offense».

According to L. Izovitova, another element of the attack on the bar is attempts to criminalize the activities of lawyers who remained in the temporarily occupied territories. The parliament wants to equate it with the crime of collaboration. «But let's think together in the following way: collaborationism is cooperation with the enemy government. And advocacy is a professional activity, independent of the state. It has nothing to do with politics, propaganda, or aggression», - she explained. - Moreover, according to the Constitution, it is the bar that is responsible for the realization of everyone's right to legal aid. So it turns out that citizens who stayed in the TOT (which is Ukraine) are being deprived of a constitutional guarantee. And the lawyers who dare to fulfill the Constitution are proposed to be punished as criminals».

The President of UNBA, BCU also noted that almost every day lawyers face violations of their rights and guarantees. The UNBA's specialized committee and the Bar Council respond to the most egregious cases.

She recalled the April searches of lawyers in Kyiv and Kyiv region who were defending in criminal proceedings. The Bar Council then called the searches illegal, assessed the actions of law enforcement officers as identifying lawyers with their clients and as pressure on the legal profession.  Another egregious case also occurred in the spring, when six Security Service officers attacked lawyers during a search. In this way, they were «persuaded» to abandon their clients. The UNBA appealed to the Prosecutor General's Office, which resulted in the opening of criminal proceedings.

There were several cases of pressure from the military authorities. In one of them, a lawyer who came to the case was detained in the Chernihiv TCC and served with a summons. Criminal proceedings were opened over this fact. In another case, in Odesa, the lawyer was not allowed to visit a client who was in the TCC. Here, the military authorities promised to make amends and conducted explanatory work.

Another challenge to the independence of the bar, Ms. Izovitova said, is the constant attempts to involve lawyers as agents of law enforcement agencies. This is expressly prohibited by law, and the practice is to deprive such unofficial assistants of their lawyer's certificates. However, anti-corruption agencies are trying to stand up for their «assistants». She also mentioned the NAPC's attempts to equate members of disciplinary bodies with subjects of declaration in the context of ensuring independence.

During her speech, she also spoke about the activities of the UNBA committees, the main events of the association and social projects implemented in 2023.

Popular news

Urban Planning Code: what should the new rules for rebuilding Ukraine be?

Discussion

Urban Planning Code: what should the new rules for rebuilding Ukraine be?

Does Ukraine need separate codification in the field of urban planning, which model of law to choose, and how to ensure a balance between the interests of the state, communities, businesses, and citizens in the context of post-war reconstruction?

15:49 Wed 12.11.25 150
The Verkhovna Rada took another step towards ratifying the Convention on the protection of the profession of advocate

Guarantees of the practice of law

The Verkhovna Rada took another step towards ratifying the Convention on the protection of the profession of advocate

On November 5, the Verkhovna Rada held a working meeting dedicated to the translation of the Council of Europe Convention on the protection of the profession of advocate for its subsequent signing and ratification. The issue was initiated by the Ministry of Foreign Affairs, which drew attention to the key term «lawyer» in the international treaty.

18:19 Thu 06.11.25 167
NACB is looking for corruption risks in its activities. Advocates are asked to help

Interaction

NACB is looking for corruption risks in its activities. Advocates are asked to help

The National Anti-Corruption Bureau of Ukraine has launched a survey aimed at gathering information to identify corruption risks in the activities of the National Bureau and prepare an Anti-Corruption Program for 2026–2028.

13:38 Thu 06.11.25 130
Agreement on the provision of lobbying services: a template for advocates has been developed by the UNBA

Interaction

Agreement on the provision of lobbying services: a template for advocates has been developed by the UNBA

The Ukrainian National Bar Association has prepared a model agreement for the provision of lobbying services that complies with the requirements of the relevant law and takes into account the specific features of such activities carried out by persons providing legal assistance.

12:51 Tue 04.11.25 127
Nana Bakayanova awarded with the Certificate of honor of the Verkhovna Rada of Ukraine

Greetings

Nana Bakayanova awarded with the Certificate of honor of the Verkhovna Rada of Ukraine

Nana Bakayanova, head of the Department of judicial, law enforcement and advocacy organizations at the Odessa Law Academy and secretary of the disciplinary chamber of the Odessa Region Qualification and Disciplinary Commission, received a Certificate of honor from the Verkhovna Rada of Ukraine.

15:23 Thu 30.10.25 154
Law and feelings: advocates explore contemporary challenges in family law

Discussion

Law and feelings: advocates explore contemporary challenges in family law

Marriage and divorce are not only legal procedures, but also social phenomena that require a responsible approach. The UNBA Committee on family law organized and held a professional discussion on the topic «Conscious» marriage and «prudent» divorce: challenges, risks, consequences».

12:46 Thu 30.10.25 183
BCU strengthens its position on the right of advocate to prioritize cases

Practice of law

BCU strengthens its position on the right of advocate to prioritize cases

In legal practice, it is not uncommon for court hearings in different cases to be scheduled at the same time. This raises the question: which case should the advocate attend first, and can the court interfere with this decision?

13:12 Tue 28.10.25 242
Advocate or lobbyist? The UNBA has presented a guide to distinguishing between the professions

Edition

Advocate or lobbyist? The UNBA has presented a guide to distinguishing between the professions

The Ukrainian National Bar Association has prepared a guide that helps distinguish between the legal status of an advocate and a lobbyist, explains the limits of permissible activities for each, and prevents possible violations of ethical and legal standards when participating in public policy-making.

18:42 Fri 24.10.25 270

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

Оберіть файл