E-Court failures violate constitutional guarantees – UNBA
In recent days, the Ukrainian National Bar Association has received numerous reports from lawyers about technical failures in the operation of the Electronic Court subsystem. In particular, the complaints relate to the inability to log in to the electronic office, which restricts advocates in exercising their procedural rights, in particular, to submit documents and participate in court hearings in the videoconference mode.
The UNBA informed the State Judicial Administration of Ukraine, which, in accordance with the Regulation on the Procedure for the Functioning of Certain Subsystems (Modules) of the Unified Judicial Information and Telecommunication System, approved by the decision of the HCJ of 17.08.2021 No. 1845/0/15-21, is responsible for the proper functioning of the Electronic Court subsystem of the UJITS.
The lawyers also drew the attention of the SJAU to the fact that technical failures in the E-Court subsystem lead to a violation of the human right to access to justice and a fair trial guaranteed by Article 55 of the Constitution of Ukraine and Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms.
According to clause 4 of the Regulation, the owner of the UJITS software is the state represented by the SJAU. UJITS operates on the basis of the main and backup data centers. Organizational and financial support for the creation and operation of individual subsystems (modules) of the UISIS is provided by the SJAU.
In view of this, the UNBA asked the SJAU to eliminate technical problems in the operation of the E-Court subsystem and to ensure the possibility of exercising the rights of litigants.
Popular news
Legislation
Proceedings against military personnel following AWOL require clear deadlines — UNBA
A soldier’s return to duty after AWOL does not necessarily mean the end of criminal proceedings. To ensure that the case does not remain at the pretrial investigation stage, a clear procedure for the investigator and prosecutor is required.
Guarantees of the practice of law
Guarantees for advocacy without protective measures: proposed changes to the codes
The current law sets forth the rights and guarantees of the legal profession, but lacks the tools to protect them. The future law on advocacy is intended to fill this gap through amendments to criminal, administrative and procedural legislation.
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.
Discussion
First the return of assets, then subsidiary liability — an opinion
In bankruptcy cases, the legal entity’s ability to preserve and restore the financial foundation of its operations requires legal protection. In this regard, the right to solvency in which the legal entity is the aggrieved party should be an independent object of legal protection.
Educational events
Advocates were taught to voice their complaints without making accusations
In a difficult conversation, it’s easy to confuse facts with opinions, feelings with accusations, and requests with demands. How can you express dissatisfaction, explain your own needs, and propose a specific solution while still allowing your conversation partner the opportunity to refuse or suggest an alternative?
Guarantees of the practice of law
Search of an advocate's office after client's acquittal: criminal complaint filed
In Kyiv, law enforcement officers conducted a search of the home of an advocate who had defended a client acquitted by the court and seized materials from the advocate’s case file. The proceedings were initiated shortly after the acquittal, even though the document they were searching for was already included in the court case file.
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
