In Odesa region an advocate was taken to the TCC during the search

Advocacy
15:18 Mon 06.05.24 1308 Reviews
Print

An advocate who was performing his duties while providing free legal aid in criminal proceedings was detained and forcibly taken to the territorial center for recruitment and social support.

The fact of violation of the Constitution and guarantees of the practice of law provided for by the Law «On the Bar and Practice of Law» was reported to the Bar Council of Odesa region.

The advocate was in Reni on behalf of the Center for the provision of free secondary legal aid, where he defended persons detained by law enforcement agencies.

During a search of one of the premises, police officers informed him that, by order of the management, the lawyer was supposed to come to the TCC immediately. After refusing, armed men appeared within 10 minutes and forced the advocate into a minibus with hidden license plates and took him to the TCC.

The Bar Council of Odesa Region assessed such actions as a gross violation of the guarantees of the practice of law. We are talking about the relevant subpara. 1, 6 of Part 1 of Article 23 of the Law «On the Bar and Practice of Law». Any interference with or obstruction of the practice of law is prohibited. The life, health, honor and dignity of the advocate and members of his or her family, their property are protected by the state, and encroachments on them entail liability under the law.

«These actions indicate obstruction of the bar in connection with the exercise of its legal profession, which, as a result, restricts the constitutional right to defense and deprives the lawyer of the opportunity to properly perform his professional duties», - the bar self-government body said in a statement. It is reported that upon the lawyer's appeal to the Bar Council of Odesa Region, measures will be taken to respond to violations of the rights and guarantees of the practice of law.

As a reminder, there have already been incidents related to violations of the guarantees of the practice of law by the TCA, including in Odesa region.

Thus, last year, a lawyer providing professional legal assistance arrived at the TCC and CS in Odesa, where the client was undergoing a second military medical examination. However, the center's staff physically prevented the lawyer from seeing the client. Then the UNBA Committee for the Protection of Advocates' Rights and Guarantees of Advocacy sent an appeal to the Ministry of Defense of Ukraine. As a result, the Odesa Regional Territorial Center for Recruitment and Social Support demanded that the heads of the district TCCs exclude cases of violation of the professional rights of advocates from their official activities.

Popular news

Ukraine could be the first to implement a European mechanism for the protection of advocates. What’s holding it back?

Guarantees of the practice of law

Ukraine could be the first to implement a European mechanism for the protection of advocates. What’s holding it back?

Ukraine has a chance to be the first country to ratify the Council of Europe Convention on the Protection of the Professions of Lawyer. Political support for this exists, but the government’s legislative package has not yet been submitted to parliament. Meanwhile, the number of violations of advocates’ rights is on the rise.

18:32 Wed 19.08.26 187
How can an advocate verify that work has been completed if the client refuses to sign the report?

Educational events

How can an advocate verify that work has been completed if the client refuses to sign the report?

When billing by the hour, the primary document for determining the fee may be a detailed report on the time spent by the advocate and the work performed. To prevent the client from withholding payment, the contract should specify in advance the procedure for submitting and approving such a report.

11:14 Wed 19.08.26 196
The BCU took note of the public appeal from the HCJ

Self-government

The BCU took note of the public appeal from the HCJ

The Bar Council of Ukraine has determined that, given the current security situation, it is objectively impossible to hold, in accordance with the procedure established by the Law «On the advocacy and the practice of law», meetings of advocates, regional conferences of advocates and the Congress of Ukrainian Advocates, including for the purpose of electing two members of the High Council of Justice under the quota allocated to the Congress of Ukrainian Advocates.

17:22 Tue 18.08.26 100
Energy law: the UNBA and the ADMGE have agreed to cooperate

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.

14:31 Fri 07.08.26 192
Where does an advocate's time go and what do they get in return

Educational events

Where does an advocate's time go and what do they get in return

To assess balance in life, it’s worth identifying the areas where the most effort, time, and money are directed, and then determining what a person receives in return: income, respect, support, love, a sense of significance or the fulfillment of an important idea.

10:43 Thu 06.08.26 116
The SC has clarified the different ways to respond to a lawyer's request that is ignored

Court practice

The SC has clarified the different ways to respond to a lawyer's request that is ignored

If there is no response to an advocate’s request, the advocate has the right to file a petition with the Bar Association to hold the person administratively liable. An advocate may challenge the failure to provide information necessary for the provision of legal assistance on behalf of the client, rather than in their own name.

16:59 Mon 03.08.26 119
The highest degree of formality is appropriate for an advocate in court – an etiquette expert

Educational events

The highest degree of formality is appropriate for an advocate in court – an etiquette expert

An advocate’s behavior and appearance must be appropriate to the circumstances in which they practice their profession. What may be perceived as a warm greeting between old acquaintances could, during a first meeting, come across as overly familiar and a violation of personal boundaries.

17:27 Fri 31.07.26 105
The Ministry of Defense is preparing new procedures for MMC: what changes are being proposed

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.

13:59 Fri 31.07.26 179

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

Оберіть файл