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
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.
Guarantees of the practice of law
Impunity for public stigmatization of advocates violates the constitutional right to defense
The prohibition of identifying an advocate with a client is an international standard enshrined in the Law «On advocacy and legal practice». However, without accountability, this guarantee does not work, which poses a direct threat to the realization of the right to defense and the principle of adversarial proceedings.
Legislation
Inheritance of a share in joint property and more: advocates have made comments
In the event of the death of one of the subjects of joint shared ownership, the shares of each of the co-owners in the joint shared ownership shall be deemed equal, unless otherwise agreed between them, by law, or by a court decision.
Legislation
Implementation of the Roadmap: the composition of the working group ensures a high level of expertise
The composition of the Working Group on the implementation of the Roadmap on the rule of law in relation to advocacy demonstrates the high institutional level of the experts involved by the Ukrainian National Bar Association in the formation of a package of decisions.
Legislation
UNBA initiatives to implement the Roadmap were supported by international experts
International experts who participated in the inaugural meeting of the Working Group on the implementation of the Roadmap on the rule of law in advocacy and agreed to join it expressed their support for the initiative of the Ukrainian National Bar Association.
Legislation
How will the group responsible for implementing the Roadmap for advocacy operate?
The working group on the implementation of the Roadmap on the rule of law in the area of advocacy will operate at several levels: plenary meetings as a platform for adopting framework decisions, a coordination bureau for compiling documents and calendar control, and thematic subgroups for preparing norms and their justification. International experts will verify the results against European standards and «red lines».
Legislation
Advocacy is a responsible entity, not a critic of reform — V. Gvozdiy
The Roadmap on the Rule of Law is not a basis for restructuring the model of advocacy, but a framework for verifying and improving the already European-oriented system. At the same time, part of the work has already been done, so further progress should be made in the form of coordinated and practical decisions.
Legislation
Vatras on the implementation of the Roadmap: only advocates should create their own destiny
Work on implementing the Roadmap in relation to advocacy should be based on the participation of the professional community itself, and key tasks should be structured in such a way as to avoid mixing processes that differ in content and procedure.
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