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

Advocacy
20:47 Tue 07.05.24 710 Reviews
Print

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.

Popular news

A bill implementing the Convention on the Protection of the Professions of Lawyer has been introduced

Legislation

A bill implementing the Convention on the Protection of the Professions of Lawyer has been introduced

The constitutional guarantees of legal aid, defense, and the independence of advocacy cannot be realized without protecting advocates from unwarranted interference in their professional activities, including searches, the seizure of professional materials and the use of criminal procedural mechanisms to exert pressure.

14:08 Mon 05.10.26 210
The CCBE is discussing European justice and issues related to the protection of advocates

Abroad

The CCBE is discussing European justice and issues related to the protection of advocates

Today, October 2, a meeting of the Standing Committee of the Council of Bars and Law Societies of Europe (CCBE) is taking place in Brussels. On the agenda are the protection of the advocate profession, the rule of law, attorney-client privilege, and changes in the European justice system.

14:04 Fri 02.10.26 157
The UNBA presented the key provisions of the future law on advocacy in Brussels

Rule of Law Roadmap

The UNBA presented the key provisions of the future law on advocacy in Brussels

The Ukrainian National Bar Association presented its proposals for the upcoming law on advocacy, aligned with the Rule of Law Roadmap. The presentation covered topics such as access to the profession, self-governance, disciplinary procedures, professional development and guarantees for the practice of advocacy.

20:36 Thu 01.10.26 208
Advocates were taught to voice their complaints without making accusations

Educational events

Advocates were taught to voice their complaints without making accusations

In a difficult conversation, it’s easy to confuse facts with opinions, feelings with accusations, and requests with demands. How can you express dissatisfaction, explain your own needs, and propose a specific solution while still allowing your conversation partner the opportunity to refuse or suggest an alternative?

10:29 Wed 30.09.26 136
Search of an advocate's office after client's acquittal: criminal complaint filed

Guarantees of the practice of law

Search of an advocate's office after client's acquittal: criminal complaint filed

In Kyiv, law enforcement officers conducted a search of the home of an advocate who had defended a client acquitted by the court and seized materials from the advocate’s case file. The proceedings were initiated shortly after the acquittal, even though the document they were searching for was already included in the court case file.

17:54 Tue 29.09.26 104
The paradoxes of urgency: is it possible to investigate a crime before it is committed?

Guarantees of the practice of law

The paradoxes of urgency: is it possible to investigate a crime before it is committed?

On September 24 in Kyiv, National Police officers detained an advocate during an emergency search, having caught him in the act of committing a crime. At the time, the pretrial investigation in this case had already been ongoing for more than four months.

18:01 Mon 28.09.26 112
A side effect of the video conference: the judge mistook the sound of a chair for the advocate's response

Guarantees of the practice of law

A side effect of the video conference: the judge mistook the sound of a chair for the advocate's response

Technology also has its downsides. The High Council of Justice acquitted a judge who failed to hear the advocates during court proceedings in a civil case. One of the arguments presented to the disciplinary body was poor connectivity, the risks of which are borne by the participants.

17:22 Mon 28.09.26 105
Unrestricted access to advocates' accounts poses a risk of client data disclosure — BCU

Guarantees of the practice of law

Unrestricted access to advocates' accounts poses a risk of client data disclosure — BCU

Information regarding transactions in the bank accounts of an advocate, a law firm, or a bar association from which clients can be identified, as well as the fact and subject matter of a request for legal assistance, the purpose of payments, and the amount of the fee constitutes attorney-client privilege. This rule applies regardless of whether the information also constitutes banking information and is in the possession of a bank.

16:47 Sat 26.09.26 130

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

Оберіть файл