Violation of media guarantees of advocacy is being studied by the UNBA
An open appeal of the Ukrainian National Bar Association's Committee on Information Policy and Interaction with the Mass Media to the advocates.
By defending or representing clients in high-profile cases, Ukrainian attorneys-at-law attract additional media attention to their personalities.
At the same time, journalists, when covering the circumstances of such cases and the work of the attorney, unfortunately, do not always adhere to professional standards: balance of opinions, reliability, separation of facts from comments, accuracy and completeness.
There are quite common cases when information about the activities of a defense counsel is presented in a biased manner, using false, unverified or inaccurate data, without clarifying the point of view of the lawyer mentioned in the material. Emotional coloring and distortion of the work of providing legal aid, which is provided for by the Constitution of Ukraine and the procedural codes, has become almost the norm today.
At the same time, the guarantees of the practice of law are directly violated. Due to the disregard for the presumption of innocence, when defendants are called criminals before the verdict and lawyers are called defenders of criminals, lawyers are actually identified with clients, which is expressly prohibited by the Law «On the Bar and Practice of Law».
As a result, the public has a negative attitude towards both a particular defense lawyer (which affects the person's business reputation) and the institution of the Bar as a whole.
The protection of advocates from external information influence is one of the tasks of the UNBA Committee on Information Policy and Media Relations.
Therefore, the Committee asks lawyers who have faced violations of guarantees of their activities by the media and individual journalists to provide information about such facts to o.shevchuk@mail.unba.org.ua or fill out the appropriate Google form.
Since it is also a matter of disregard for journalistic standards and the provisions of the Law of Ukraine «On Media», the collected information on specific facts will be sent to the state media regulator to find ways to resolve this problematic issue.
Chairman of the UNBA Committee
on Information Policy
and Media Relations O. Shevchuk
04.03.2024
Popular news
Legislation
The UNBA explained what could undermine the plan to introduce plea agreements
Information regarding who pays whom, how much, and on what grounds under a plea agreement must be made public. However, as long as this information is classified as a state secret or personal data, the court will continue to be able to close proceedings and restrict access to judgments.
Interaction
The UNBA and the German Institute for Eastern Law will prepare joint legal opinions
Ukrainian advocates and German legal scholars will jointly prepare comparative legal studies, expert opinions, and professional events. The UNBA reached this agreement with the Institute for Eastern European Law in Regensburg, which has been researching the laws of Central and Eastern European countries for nearly 70 years.
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.
Educational events
A one-time payment or royalties? Students were briefed on changes to copyright agreements
As a general rule, property rights to a work created by an employee are transferred to the employer, but the author retains the right to remuneration. European law requires that this remuneration be based on the actual income generated by the work, rather than being limited to a one-time payment.
Legislation
The UNBA warned of the risk of customs barriers for Ukrainian paper and furniture
Ukraine’s anti-deforestation rules are intended to preserve export access to the EU market. However, without paper and furniture on the list of goods, without effective sanctions, and with enforcement beginning only in 2030, these rules could hinder that goal.
Legislation
Fines for loud exhaust — based on a standardized measurement method — UNBA
Measures to combat intentionally loud exhaust noises are justified, especially during wartime. However, as long as the law does not specify which noise standard to apply or how to measure it on the road, this new liability can be neither fair nor effective.
Educational events
What should an advocate do if a client is under severe stress?
An advocate may encounter a client in a state of acute stress, when the person is looking at the other person but does not see them. Before discussing the case, it is important to bring the client back to reality: establish contact, ask a few questions, and engage their senses.
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.
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
