Lawyers found violations of defense guarantees in the in absentia procedure

Advocacy
16:54 Mon 25.03.24 656 Reviews
Print

Since the beginning of the full-scale invasion, the number of crimes against the foundations of national security has increased significantly. Since the suspects are often outside Ukraine, the investigation is carried out in absentia with the involvement of lawyers from the FLA system.

The practice of organizing the provision of free legal aid in such proceedings was analyzed by the Committee of the Ukrainian National Bar Association on Legal Aid and set out in a report presented by the UNBA last week.

In particular, the document notes the facts of systematic implementation of unconstructive positions by the bodies of the FLA system:

  • during a joint event with the participation of representatives of the bar, the director of the Coordination Center for Legal Aid Provision (CC) publicly expressed the position of accusing lawyers involved in criminal proceedings in the absence of a suspect (accused) of violating the Rules of Professional Conduct.
  • the CC draws conclusions about the agreement or disagreement with the client solely on the basis of the fact of a personal meeting between the lawyer and the client. In fact, the suspects are deprived of the opportunity to coordinate their position with the lawyer by phone or in any other way. Lawyers are forced to meet in person, as the possibility of providing legal aid to a person with whom they have not met in person is denied.
  • the FLA authorities created instability in the rules of validity of assignments in cases where a special pre-trial investigation was conducted.
  • representatives of the CD publicly state that the powers of the advocate are terminated upon completion of the special pre-trial investigation. According to the power of attorney issued at the stage of pre-trial investigation, the lawyer does not have the authority to participate in the preparatory court hearing. Such a position of the CC caused total concern of lawyers and led to massive postponements of trials to update the powers of defense counsel.
  • the positions expressed by the SLC potentially threaten to put pressure on the right of the advocate to choose a procedural position in the case, which consists in independent participation in the hearing in the absence of the client, a statement to the investigating judge that the client is not aware of the petition filed, violation of the method of notification of the suspect, etc. In such cases, the payment for the lawyer's participation in the court hearing is jeopardized, and the FLA client is restricted in his or her rights compared to the client of a lawyer under a contract. The problem was resolved with the UNBA's intervention. The Bar Council of Ukraine, by its decision of 27.12.2022 No. 183, approved the Clarification on the participation of lawyers in criminal proceedings in the absence of a suspect or accused, after which the FLA centers stopped this negative practice.

The report suggests that the proper way to solve these problems is to optimize criminal procedural legislation with the participation of the bar, as well as to establish constructive cooperation between the FLA authorities and lawyers in order to coordinate positions in such new and complex situations.

Popular news

The model for legal assistance to veterans was discussed at the UNBA

Legal defence of military personnel

The model for legal assistance to veterans was discussed at the UNBA

A working meeting was held at the Ukrainian National Bar Association, during which representatives of the advocacy profession, the Ministry of Veterans Affairs of Ukraine and a foreign expert discussed approaches to providing legal aid to veterans, the role of the advocacy profession in this system, and the experience of other countries.

18:07 Mon 20.04.26 108
The CJU has endorsed guarantees of the legal profession’s independence and has proposed a meeting with the BCU

Guarantees of the practice of law

The CJU has endorsed guarantees of the legal profession’s independence and has proposed a meeting with the BCU

The Council of Judges of Ukraine has responded to a letter from the Bar Council of Ukraine regarding the inadmissibility of the High Council of Justice granting immunity to a member of the High Council of Justice — a privilege not provided for by law — as well as regarding violations of constitutional guarantees of the independence of the legal profession and attorney-client privilege.

18:24 Fri 17.04.26 105
The UNBA and the Ministry of Veterans are expanding their cooperation

Interaction

The UNBA and the Ministry of Veterans are expanding their cooperation

War veterans, their family members, as well as the family members of fallen Defenders of Ukraine are to receive improved access to professional legal assistance and additional opportunities for independent legal protection.

16:27 Mon 13.04.26 127
Advocates have warned that the draft Labor Code would curtail workers' protections

Legislation

Advocates have warned that the draft Labor Code would curtail workers' protections

Certain provisions of the draft Labor Code of Ukraine regarding collective labor disputes undermine labor protections and do not comply with constitutional and international standards.

11:47 Thu 09.04.26 212
Representatives from the Ministry of Veterans Affairs and the UNBA discussed veterans' access to justice

Legal defence of military personnel

Representatives from the Ministry of Veterans Affairs and the UNBA discussed veterans' access to justice

On April 3, a working meeting was held at the Ministry of Veterans Affairs of Ukraine with representatives of the Ukrainian National Bar Association, dedicated to improving the effectiveness of legal protection for war veterans and their families.

16:17 Tue 07.04.26 155
The right of minors to marry: how judicial oversight works

Educational events

The right of minors to marry: how judicial oversight works

The issue of granting minors the right to marry lies at the intersection of family law, child protection, and judicial discretion. The UNBA Committee on family law dedicated a webinar held on March 30 to this very topic.

11:28 Tue 07.04.26 185
The UNBA and the Coordination headquarters have agreed to cooperate in assisting those released from captivity

Interaction

The UNBA and the Coordination headquarters have agreed to cooperate in assisting those released from captivity

Servicemen released from captivity, family members of prisoners of war, civilians deprived of their personal liberty as a result of armed aggression, as well as persons missing in connection with the war, will gain additional opportunities to access legal assistance and protect their rights.

19:14 Mon 06.04.26 169
BCU: The HCJ’s decisions undermine the constitutional guarantees of the independence of the advocacy profession

Self-government

BCU: The HCJ’s decisions undermine the constitutional guarantees of the independence of the advocacy profession

The Bar Council of Ukraine has concluded that, in its recent decisions, the High Council of Justice has, without legal grounds, called into question the right of bar self-governing bodies to protect the guarantees of legal practice and has, in effect, attempted to grant one of its members — who retains the status of an advocate — special immunity from the Rules of professional conduct and disciplinary responsibility.

14:56 Thu 02.04.26 208

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

Оберіть файл