Legal aid is not a money-making venture, but a guarantee of human rights realization, - UNBA

Advocacy
20:47 Tue 07.05.24 58 Reviews
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Lidiya Izovitova, the President of UNBA, BCU addressed the Minister of Defense of Ukraine Rustem Umerov in connection with the publication «Earning money on the mountain of the families of fallen heroes», which was posted on the official resources of the Transcarpathian Regional Territorial Center for Recruitment and Social Support.

The UNBA noted that such publications have signs of violation of the basic guarantees of the bar's independence and deprivation of citizens of the constitutional right to legal protection, discrediting the profession and the status of a lawyer. They also have negative consequences not only for the bar, but for the state as a whole, as they raise doubts about Ukraine's adherence to the rule of law and the focus of its policy on human rights.

As a reminder, the Public Relations Service of the TCC reported cases where unscrupulous lawyers, taking advantage of the emotional state of the families of fallen soldiers, offer their services as if to help control the processing of one-time financial assistance and pensions, and that such actions of lawyers are self-serving. The TCC also emphasized that all information can be obtained from them free of charge.

However, the citizens themselves, in their comments under the post, blamed the reluctance or evasion of the TCCs themselves to provide legal and social assistance to the victims and their families:

«My brother... died back in November 23, so his wife barely received the death certificate and still does not even have the status of the deceased's wife, and payments are out of the question because it's a pain in the ass, and you are telling us that everything can be formalized and everything is done according to the law, maybe you should stop talking noodles, because I can honestly tell you more, but...».

«Do you know how long it takes your subordinates to formalize this? You are afraid of lawyers, because they are the ones who can put you in your place and bring you to justice. Therefore, you should not present your pathetic complexes as the official position of the TCC».

But perhaps it is the unprofessionalism of TCC employees, difficulties in obtaining the necessary documents and artificial bureaucratization of the procedure that make people seek legal assistance from lawyers? By the way, the Higher School of Advocacy organizes special webinars for attorneys that explain the legislation on these issues and are designed to eliminate existing problems. And the provision of legal assistance by lawyers certainly eliminates the corruption risks that may arise when processing documents in the TP.

The UNBA is convinced that the statements «dishonest lawyers» and «actions of lawyers are often self-serving» used in the publication are an unacceptable gross violation of the honor, dignity and business reputation of the representatives of the legal community and are aimed at undermining the professional reputation, authority and prestige of every lawyer in Ukraine.

The Constitution declares that the Bar operates in Ukraine to provide professional legal aid. According to Article 59 of the Basic Law, everyone has the right to professional legal aid. In cases provided for by law, this assistance is provided free of charge. Everyone is free to choose a defender of their rights. Therefore, having fixed this, the state has granted the bar the right to protect citizens from violations of their constitutional rights, freedoms and interests.

The UNBA called on the Minister of Defense to take measures provided for by law to prevent any interference by the employees of the TCC that may prevent citizens from receiving professional legal aid guaranteed by the Constitution of Ukraine.

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