The role of advocacy in crisis: lessons from the war: V. Gvozdiy speaks

Advocacy
12:56 Fri 02.02.24 476 Reviews
Print

No international standards, including those developed by the United Nations, contain any guidelines or recommendations for professional associations of lawyers in the event of war. Therefore, the role and responsibilities of the bar in those jurisdictions that are experiencing a crisis are difficult to define.

This was emphasized by Valentyn Gvozdiy, the Vice President of UNBA in his speech at the Conference on the Day of the Finnish Bar, which took place on January 26 in Helsinki. At the event, organized by the Finnish Bar Association, he was invited to make a presentation on the role of lawyers and associations in protecting the rule of law during the crisis.

In particular, V. Gvozdiy recalled the UN Basic Principles on the Role of Lawyers, adopted by the 8th UN Congress on the Prevention of Crime and the Treatment of Offenders in 1990. This document declares that professional associations of lawyers play a vital role in maintaining professional standards and ethics, protecting their members from harassment and undue restrictions and encroachments, providing legal services to all who need them, and cooperating with government and other institutions in achieving the ends of justice and protecting the public interest.

«But the general content of the document clearly indicates that no exceptions are made for associations, even in times of war. This means that the duties of the bar remain unchanged even in times of crisis», the Vice President of UNBA expressed his conviction. He also emphasized that currently there are no principles, guidelines or advice that would help professional associations to navigate their response to violence, politics, threats to life and massive human rights violations.

V. Gvozdiy shared with the participants of the international conference the lessons learned by the Ukrainian National Bar Association during the war. One of these lessons, in his opinion, is the need to uphold the rule of law, the content of which is devalued in crisis conditions by both individual state institutions and society.

Lawyers in Ukraine handle a variety of cases, many of which are war-related. It is always a challenge for a defense lawyer to be the first in a situation that no one has faced before. Many lawyers work on cases aimed at restoring justice for people who have been illegally detained and tortured. «We insist that the right to a fair trial should remain inviolable even under martial law», summarized », the Vice President of UNBA.

Another negative phenomenon that has been spreading over the past two years is the identification of lawyers with clients. Even representatives of law enforcement agencies allow themselves to treat defense counsel as an accomplice to the crime of which the client is accused. As a result, lawyers are even subjected to physical violence.

According to V. Gvozdiy, the reason for the aggravation of these problems during the war was, in particular, the radicalization of sentiments in society and the devaluation of legal standards in the minds of citizens. «Tens of thousands of human casualties among both military and civilians, destruction of infrastructure and residential buildings, economic losses and lower living standards, severance of social ties - against this background, the attitude of Ukrainians to war crimes and crimes against humanity committed by the aggressor country is unequivocal: the perpetrators must be punished at all costs, the lawyer explained. - Therefore, the defenders face at least misunderstanding in society, and in some cases – indignation».

«But the position of the Ukrainian National Bar Association, even under such circumstances, remains unwavering: the rule of law must be respected. The right to a fair trial must be ensured in Ukraine, no matter how heinous the crimes are. And against the backdrop of the aggressor's actions, this opinion is unpopular and difficult to understand», summarized V. Gvozdiy.

Earlier, the European Criminal Bar Association (ECBA) expressed its support for the UNBA in this position, recalling that the highest purpose of the bar is to ensure that all people, regardless of the severity of the charges against them, receive a fair trial, free from intimidation and bias. The ECBA also called on the Ukrainian authorities to ensure the protection of lawyers, and on the Prosecutor General's Office and law enforcement agencies to take measures to stop any acts of interference with the professional activities of lawyers, to condemn attempts to exert pressure, and to impartially and effectively investigate all attacks on lawyers.

Popular news

Ukraine could be the first to implement a European mechanism for the protection of advocates. What’s holding it back?

Guarantees of the practice of law

Ukraine could be the first to implement a European mechanism for the protection of advocates. What’s holding it back?

Ukraine has a chance to be the first country to ratify the Council of Europe Convention on the Protection of the Professions of Lawyer. Political support for this exists, but the government’s legislative package has not yet been submitted to parliament. Meanwhile, the number of violations of advocates’ rights is on the rise.

18:32 Wed 19.08.26 170
How can an advocate verify that work has been completed if the client refuses to sign the report?

Educational events

How can an advocate verify that work has been completed if the client refuses to sign the report?

When billing by the hour, the primary document for determining the fee may be a detailed report on the time spent by the advocate and the work performed. To prevent the client from withholding payment, the contract should specify in advance the procedure for submitting and approving such a report.

11:14 Wed 19.08.26 190
Energy law: the UNBA and the ADMGE have agreed to cooperate

Interaction

Energy law: the UNBA and the ADMGE have agreed to cooperate

Advocates will deepen their professional expertise in the field of energy law, and participants in the distributed and flexible generation market will have greater opportunities to obtain professional legal assistance.

14:31 Fri 07.08.26 181
Where does an advocate's time go and what do they get in return

Educational events

Where does an advocate's time go and what do they get in return

To assess balance in life, it’s worth identifying the areas where the most effort, time, and money are directed, and then determining what a person receives in return: income, respect, support, love, a sense of significance or the fulfillment of an important idea.

10:43 Thu 06.08.26 105
The SC has clarified the different ways to respond to a lawyer's request that is ignored

Court practice

The SC has clarified the different ways to respond to a lawyer's request that is ignored

If there is no response to an advocate’s request, the advocate has the right to file a petition with the Bar Association to hold the person administratively liable. An advocate may challenge the failure to provide information necessary for the provision of legal assistance on behalf of the client, rather than in their own name.

16:59 Mon 03.08.26 114
The Ministry of Defense is preparing new procedures for MMC: what changes are being proposed

Discussion

The Ministry of Defense is preparing new procedures for MMC: what changes are being proposed

The Ministry of Defense is establishing an interagency working group to develop a new procedure for military medical examinations conducted by military medical commissions. Among the issues requiring resolution are the issuance of documents based on examination results, referrals for repeat medical examinations, verification of the medical basis for decisions, and the accountability of military medical commission members.

13:59 Fri 31.07.26 170
Original, device and methodology: how digital evidence is verified

Discussion

Original, device and methodology: how digital evidence is verified

To verify the authenticity of an audio or video recording or a digital image, an expert needs information about the file’s origin, how it was created, and, if possible, the original medium and the corresponding device. Without this information, the scope of the investigation may be limited.

16:54 Thu 30.07.26 109
Security has a greater impact on land prices during wartime than fertility – an opinion

Discussion

Security has a greater impact on land prices during wartime than fertility – an opinion

The difference in the cost of agricultural land between western and frontline regions is primarily determined by security risks, the feasibility of cultivation, and the costs of demining. At the same time, the land market continues to function, and the cost of land parcels and leases is rising.

12:04 Thu 30.07.26 108

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

Оберіть файл