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
Interaction
Energy law: the UNBA and the ADMGE have agreed to cooperate
Advocates will deepen their professional expertise in the field of energy law, and participants in the distributed and flexible generation market will have greater opportunities to obtain professional legal assistance.
Discussion
The Ministry of Defense is preparing new procedures for MMC: what changes are being proposed
The Ministry of Defense is establishing an interagency working group to develop a new procedure for military medical examinations conducted by military medical commissions. Among the issues requiring resolution are the issuance of documents based on examination results, referrals for repeat medical examinations, verification of the medical basis for decisions, and the accountability of military medical commission members.
Interaction
The UNBA is developing a concept for a Center for expert research
The Ukrainian National Bar Association has begun work on a concept for a Center for expert research, which is intended to provide advocates and their clients with access to specialized knowledge and the ability to have expert opinions professionally reviewed.
Guarantees of the practice of law
Ombudsman calls for a firm response to violence against advocates
Every instance of obstruction of an advocate’s lawful activities, use of physical force, delaying an investigation, or concealment of evidence must be subject to a proper legal assessment. The state is obligated to ensure that the right to a defense is a genuine guarantee.
Discussion
Children under temporary protection: jurisdiction, evidence and a local advocate
In a cross-border dispute involving a child, temporary protection status alone does not determine jurisdiction or guarantee a specific outcome. An advocate needs coordinated action in Ukraine and the host country, a timely legal opinion, a local colleague, and a professional translation.
Greetings
The UNBA congratulates Denis Maslov on his appointment as Minister of Justice
Denis Maslov’s many years of experience as a advocate, his work as a judge and his tenure as chairman of the Verkhovna Rada of Ukraine’s Committee on legal policy have given him a deep understanding of how the legal system functions and the challenges it faces.
Legislation
The Verkhovna Rada explained why the section on advocacy should be removed from the anti-corruption strategy
The section on advocacy and legal aid in the draft anti-corruption strategy for 2026–2030 goes beyond the scope of anti-corruption policy and is inconsistent with the constitutional guarantees of the independence of the legal profession.
Announcements
Advocates are invited to the III UAA Arbitration Academy 2026
The UNBA, at the initiative of the Committee on alternative dispute resolution, invites advocates, lawyers, students, judges, government officials and anyone interested in international arbitration to participate in the III UAA Arbitration Academy 2026.
Publications
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
Sergiy Vylkov Our judicial system is so built that courts do not trust advocates