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

Advocacy
16:32 Wed 08.05.24 230 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

A translation of the report on advocacy presented to the European Parliament has been published

European integration

A translation of the report on advocacy presented to the European Parliament has been published

A translation of a research report on the Ukrainian advocacy profession in wartime, previously presented to the European Parliament in Brussels, has been published. The document is presented as a basis for discussion on the rule of law, Ukraine's European integration aspirations, and countering Russian disinformation in the legal sphere.

16:54 Mon 23.02.26 110
The Verkhovna Rada Committee criticized the format of the government working group on advocacy

Legislation

The Verkhovna Rada Committee criticized the format of the government working group on advocacy

The implementation of the Roadmap on the rule of law (approved by Cabinet of Ministers Resolution No. 475-r of May 14, 2025) in relation to advocacy raises the practical question of who exactly should prepare legislative changes and how.

17:48 Fri 20.02.26 117
The BCU demands a review of the composition of the government working group on reforming the advocacy profession

Self-government

The BCU demands a review of the composition of the government working group on reforming the advocacy profession

The President of the UNBA, BCU Lidiya Izovitova, appealed to the Cabinet of Ministers of Ukraine to review the composition of the working group on improving legislation in the field of advocacy and legal practice.

18:42 Thu 19.02.26 141
The President has determined, who will sign the Convention for the Protection of the Profession of Lawyer

Guarantees of the practice of law

The President has determined, who will sign the Convention for the Protection of the Profession of Lawyer

President of Ukraine Volodymyr Zelenskyy authorized Ukraine's Permanent Representative to the Council of Europe Mykola Tochytskyi to sign the Council of Europe Convention for the Protection of the Profession of Lawyer.

18:21 Wed 18.02.26 109
Why lowering the age of marriage lacks legal logic

Discussion

Why lowering the age of marriage lacks legal logic

Although until 2012 there was a provision in family law that allowed children to marry from the age of 14 under certain circumstances, its return to Ukrainian law would contradict international obligations and the logic of criminal law.

15:03 Wed 11.02.26 394
Open dialogue between the UNBA and the European Commission on the path to EU

European integration

Open dialogue between the UNBA and the European Commission on the path to EU

The Ukrainian National Bar Association held a working meeting in Brussels with Mr Wolfgang Nozar, Head of Unit for Governance, Rule of Law and Financial Assistance, Directorate-General for Enlargement and Eastern Neighbourhood (DG ENEST), European Commission.

18:41 Fri 06.02.26 150
A report on Ukrainian advocacy was presented in the European Parliament

Self-government

A report on Ukrainian advocacy was presented in the European Parliament

Can a shadow report on advocacy replace the political framework of the Roadmap on the rule of law with demands for the restructuring of self-government? Where is the line between accountability and the seizure of institutions? And how can we respond to narratives with data rather than impressions?

15:28 Fri 06.02.26 377
UNBA and Ukraine's representation to the EU have synchronized their priorities

European integration

UNBA and Ukraine's representation to the EU have synchronized their priorities

On February 5, in Brussels, the President of the UNBA, BCU Lidiya Izovitova held a working meeting with the Ambassador Extraordinary and Plenipotentiary of Ukraine, Representative of Ukraine to the European Union Vsevolod Chentsov.

20:19 Thu 05.02.26 153

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

Оберіть файл