Justice for advocates in the TOT: criteria discussed by the UNBA and IBA leaders
One of the topics currently being discussed by the professional legal community is the problem of the activities of Ukrainian lawyers in the temporarily occupied territories. How legitimate are the initiatives to criminalize it?
This was discussed during a working meeting between Lidiya Izovitova, the President of the UNBA, BCU, and Mark Ellis, the Executive Director of the International Bar Association (IBA), in Kyiv on April 17.
As a reminder, several draft laws have been registered in the Verkhovna Rada (No.8077 of September 26, 2022, No. 10136 of October 09, 2023), which propose to expand Article 111-1 (Collaboration) of the Criminal Code. In particular, it is proposed to consider the exercise of independent professional activity in cooperation with the occupation administration of the aggressor state as such a crime.
Despite the fact that some of the territories are temporarily occupied today, they remain part of Ukraine under the law. This was emphasized by L. Izovitova, referring to the Law «On Ensuring the Rights and Freedoms of Citizens and the Legal Regime in the Temporarily Occupied Territory of Ukraine». One of the goals of state policy in such territories is to ensure the protection of the rights, freedoms and legitimate interests of individuals and legal entities. And this is the constitutional function of the Bar - to ensure the realization of everyone's right to legal aid.
Therefore, according to the logic of the authors of such initiatives, citizens who remain under occupation should be deprived of constitutional guarantees, and lawyers who dare to comply with the Constitution should be punished as criminals.
In addition, the UNBA head emphasized, collaborationism is cooperation with the enemy's government. And the legal profession is professional and independent of the state. It is in no way related to politics, propaganda, or aggression. In such circumstances, the punishment of lawyers does not fit in with European standards of a fair trial.
Earlier, M. Ellis himself emphasized the need to comply with high international standards of fair trial even in times of war. «It is important to understand that protecting the right to a fair trial is not only about ensuring that the processes protect the fundamental rights of the individual, - the lawyer believes. - It is also about ensuring that the world perceives Ukraine's criminal justice system as fair and just».
The Executive Director of the IBA directly linked Ukraine's ensuring fairness in such processes to further international support. «Ukraine is extremely interested in demonstrating that its trials are fair, - he said. - This will become part of the Ukrainian heritage. The absence of fair trials will undermine the rule of law and jeopardize the international community's support for Ukraine».
«The message should be this: «Without justice in these lawsuits, we are no better than Russia», - M. Ellis summarized.
In addition, during the meeting, the areas of cooperation between the UNBA and the IBA were assessed. Vadym Krasnyk, Chairman of the UNBA Secretariat, expressed his gratitude for the systematic support provided by the IBA to the Ukrainian Bar. Among the successfully implemented projects he mentioned:
- technical provision of uninterruptible power supply to the points of inviolability on the basis of the bar self-government bodies
- digitization of archives stored in the Bar Councils and regional CDCs (purchase of copying and scanning equipment)
- assistance of the international community to Ukrainian lawyers through the work of the Board of Trustees.
Hanna Lazarchuk, representative of the Rivne region in the Ukrainian Bar Council, spoke about the rules of the Board of Trustees, the principles of its distribution of funds, and the total amount of income and expenses. She assured the IBA head of full transparency of the body's activities and systematic reporting to donors.
For his part, M. Ellis assured of the IBA's further support of the UNBA's initiatives to provide assistance to lawyers who suffered during the war.
The Executive Director of the IBA visits the UNBA for the fourth time. The first three visits were in August 2022, February and August 2023.
Popular news
Self-government
A report on Ukrainian advocacy was presented in the European Parliament
Can a shadow report on advocacy replace the political framework of the Roadmap on the rule of law with demands for the restructuring of self-government? Where is the line between accountability and the seizure of institutions? And how can we respond to narratives with data rather than impressions?
Guarantees of the practice of law
Proceedings opened following attack on advocate in Dnipro
The Committee for the protection of advocates' rights and guarantees of legal practice of the UNBA appealed to law enforcement agencies in connection with an advocate's report of an attack while performing his professional duties. The information was entered into the Unified Register of Pre-trial Investigations and a pre-trial investigation was initiated.
Abroad
UNBA office opens in EU capital
To strengthen the institutional presence of the Ukrainian advocacy community at the European level, an office of the Ukrainian National Bar Association has been opened in Brussels (Belgium), which will serve as a permanent platform for dialogue with European partners.
Interaction
UNBA and BRAK discussed European integration priorities and regulation of the profession
On January 26, a meeting was held between representatives of the Ukrainian National Bar Association and the German Federal Bar Association (Bundesrechtsanwaltskammer, BRAK).
Guarantees of the practice of law
The President was urged to sign the law on strengthening guarantees for advocacy activities
The professional community of advocates called on Ukrainian President Volodymyr Zelenskyy to sign Law No. 4547-IX, which strengthens guarantees for advocates' activities, in particular by introducing liability for identifying an advocate with a client.
Greetings
Lidiya Izovitova received an award from the Czech Bar Association
On January 23, during the gala evening of the Lawyer of the Year 2025 competition in Prague, Monika Novotná, President of the Czech Bar Association (ČAK), presented Lidiya Izovitova, President of the UNBA, BCU, with the Order of the Czech Bar, an award for distinguished representatives of foreign bar associations.
Appointment
Oleksiy Shevchuk appointed to the Competition Commission for the selection of SAPO management
Prosecutor General Ruslan Kravchenko issued order No. 405 of December 23, 2025, on the appointment of members of the Competition Commission, which will select candidates for vacant administrative positions in the Specialized Anti-Corruption Prosecutor's Office (SAPO).
Guarantees of the practice of law
Identifying an advocate with a client is a blow to justice, — V. Gvozdiy
By defending individuals in criminal proceedings, advocates are in fact fighting for every person's right to a fair trial. Therefore, any identification of an advocate with their client is a blow not only to the profession, but also to justice itself.
Publications
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
Sergiy Vylkov Our judicial system is so built that courts do not trust advocates
Iryna Vasylyk Advocacy in the proclamation of Independence of Ukraine
