What to do when the court tries to remove an inconvenient lawyer?

Advocacy
16:32 Wed 08.05.24 254 Reviews
Print

One of the most frequent violations experienced by participants in criminal proceedings is an encroachment on the free choice of defense counsel. Thus, the court can remove the chosen lawyer and engage a more «convenient» one. The accused cannot influence this in any way.

This problem was drawn to the attention Hanna Kolesnyk, Chairman of the UNBA Committee on Human Rights Protection, who is organizing a round table on «Preparatory meeting: involvement of a legal aid defender in a separate procedural action».

According to Art. 59 of the Constitution, everyone is free to choose a defender of their rights. At the same time, Art. 53 of the CPC allows the involvement of a defense counsel for a separate procedural action. According to Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, every accused person has the right to defend himself or herself or to use legal assistance of a defense counsel of his or her own choosing. Or - in the absence of sufficient funds to pay for legal assistance - to receive such assistance free of charge, when the interests of justice so require.

«The accused are often deprived of the opportunity to refuse the assigned FLA defense counsel, even if the latter supports this refusal and declares that it is impossible to provide defense, - says H. Kolesnyk. - This raises the question of how realistic are the provisions of Article 54 of the CPC, which give the accused the right to refuse a defense counsel».

The lawyer refers to the case law of the European Court of Human Rights, according to which the formal appointment of a defense counsel to act on behalf of the accused is not enough. After all, the right to legal aid must be exercised in a practical and effective manner to ensure sufficient protection (decisions in Artico v. Italy, Imbriosha v. Switzerland). «So, is the provision of inadequate (ineffective) legal aid evidence of a violation of the rights of the accused?», - H. Kolesnyk asks another question.

These and other issues will be discussed at the roundtable scheduled for 14:00 on May 10. Participants will give practical advice on the procedure for the contractual defense counsel to act when his client is forced to accept legal aid from a FLA defender and is prohibited from refusing to accept legal aid in accordance with the procedure established by law. The appointed defense counsel will also receive a legal position on how to act in such situations in order not to violate the law and the oath of an attorney.

Popular news

The right of minors to marry: how judicial oversight works

Educational events

The right of minors to marry: how judicial oversight works

The issue of granting minors the right to marry lies at the intersection of family law, child protection, and judicial discretion. The UNBA Committee on family law dedicated a webinar held on March 30 to this very topic.

11:28 Tue 07.04.26 118
BCU: The HCJ’s decisions undermine the constitutional guarantees of the independence of the advocacy profession

Self-government

BCU: The HCJ’s decisions undermine the constitutional guarantees of the independence of the advocacy profession

The Bar Council of Ukraine has concluded that, in its recent decisions, the High Council of Justice has, without legal grounds, called into question the right of bar self-governing bodies to protect the guarantees of legal practice and has, in effect, attempted to grant one of its members — who retains the status of an advocate — special immunity from the Rules of professional conduct and disciplinary responsibility.

14:56 Thu 02.04.26 121
The UNBA and the National Guard have agreed to cooperate on legal protection for military personnel

Interaction

The UNBA and the National Guard have agreed to cooperate on legal protection for military personnel

Servicemembers of the National Guard, their family members, and veterans are to receive additional legal tools to protect their rights, while the National Guard’s legal services will receive methodological and expert support.

12:49 Mon 30.03.26 109
Protecting the rights of service members: The UNBA and the Military Ombudsman have agreed on cooperation

Interaction

Protecting the rights of service members: The UNBA and the Military Ombudsman have agreed on cooperation

Servicemembers, reservists, conscripts during training exercises, members of local community volunteer units, and other individuals covered by the Law «On the Military Ombudsman» should have better access to professional legal assistance.

9:59 Fri 27.03.26 175
Reform without data and advocacy: what the Ministry of Justice’s launch has revealed

Rule of Law Roadmap

Reform without data and advocacy: what the Ministry of Justice’s launch has revealed

The Ministry of Justice hosted the first meeting of the working group on bar reform. But instead of professional preparation of legislative changes, we saw exactly what Armada Network Director Dale Armstrong had spoken about the day before in Kyiv: not reform, but a struggle for control over the agenda through a narrow circle of “stakeholders” who create an echo chamber of influence for themselves.

16:42 Mon 23.03.26 199
Advocacy, European integration and the limits of intervention: an American report presented in Kyiv

Rule of Law Roadmap

Advocacy, European integration and the limits of intervention: an American report presented in Kyiv

Following its presentation in Brussels, the report «The Ukrainian advocacy in the context of the rule of law and European integration» made its way to Kyiv. It highlighted critical issues both in understanding the very nature of the self-governing profession and in the emergence of a «shadow market» surrounding the Ukrainian advocacy.

15:26 Fri 20.03.26 198
ETAIDF and MMC: where the system fails

Discussion

ETAIDF and MMC: where the system fails

The new system for assessing a person’s daily functioning and the practice of undergoing medical-legal examinations have already raised numerous questions — ranging from unclear procedures to difficulties in appealing decisions. These issues were examined by advocates during the roundtable discussion «Problematic issues of the ETAIDF and MMC», organized by the UNBA Committee on the protection of the rights of persons with disabilities and the All-Ukrainian public organization «Human rights union of persons with disabilities».

13:58 Thu 19.03.26 157
Access to the advocate profession: a subgroup has identified the direction of change

Rule of Law Roadmap

Access to the advocate profession: a subgroup has identified the direction of change

On Monday, March 16, a meeting was held of the subgroup «Access to the profession and training of advocates. Organizational forms of legal practice» of the Working Group on the implementation of the Rule of Law Roadmap.

18:14 Wed 18.03.26 146

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

Оберіть файл