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

Advocacy
UNBA calls for compliance with Council of Europe standards for the legal profession
The recently approved roadmap for EU accession in terms of bar reform refers to non-existent European standards and was adopted in violation of international principles. Therefore, before talking about changes, it is necessary to compare the current model of the bar with the Council of Europe standards embodied in the Convention on the Protection of the Profession of Lawyer.

Advocacy
Mobilization of advocates in court: UNBA records another case of pressure
The Ukrainian advocacy has once again faced extrajudicial influence on advocates with the aim of obstructing the exercise of their legitimate powers related to the provision of professional legal assistance to clients.

Advocacy
BCU demands verification of authenticity of SSU letter on «dangerous» advocacy
The Bar Council of Ukraine will appeal to the head of the Security Service of Ukraine, Vasyl Malyuk, regarding the verification of information about «negative trends in the legal profession» disseminated by some media outlets on behalf of the SSU.

Advocacy
Council of Europe Convention on the Protection of the Profession of Advocate open for signature
Thirteen member states of the Council of Europe have signed the Convention on the Protection of the Profession of Advocate, which was adopted by the Committee of Ministers of the Council of Europe on March 12, 2025. Four more countries will do so today. Ukraine is not among them.

Advocacy
BCU initiates resolution of the issue of visits by advocates to convicted persons
Article 110 of the Criminal Enforcement Code guarantees convicted persons confidentiality of meetings with their advocate. One of the important elements is the possibility to communicate with an advocate in a room without a solid partition. In practice, this provision of the law is systematically violated.

Advocacy
Advocates, academics, and experts examine problems in forensic examination (video)
The Ukrainian National Bar Association, in cooperation with leading scientific and research institutes of forensic expertise, organized a round table on expert support for legal practice.

Advocacy
Does the mobilization of a lawyer violate the human right to defense - conclusion of the Supreme Court
Article 335 of the CPC provides for the suspension of court proceedings only in cases where the accused was called up for military service during mobilization. However, this provision does not apply to the mobilization of a defense counsel.

Advocacy
Searching for a model of elections for post-war Ukraine: conclusions of the round table
Reforming Ukraine's electoral system is extremely important in the context of the upcoming post-war elections. In particular, the realization of the right to vote should be facilitated by improving the voting system. But today Ukraine faces numerous challenges.
Publications

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

Oleksandr DULSKY When we cross the border of the Supreme Anti-Corruption Court, we get into another department of the National Anti-Corruption…

Vadym Krasnyk The UNBA will work, and all obstacles and restrictions are only temporary inconveniences

Lydia Izovitova Interview with Lydia Izovitova on the occasion of the 8th anniversary of the founding of UNBA: We are the voice of t…