What to do when the court tries to remove an inconvenient lawyer?
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
Guarantees of the practice of law
The Verkhovna Rada discussed the next steps for ratifying the Convention on the Protection of the Professions of Lawyer
The Verkhovna Rada Committee on legal policy held a working meeting to prepare for the ratification of the Convention for the Protection of the Profession of Lawyer. The meeting was attended by members of parliament, representatives of the Office of the President, the Ministry of Justice, the Ministry of Foreign Affairs and the Ukrainian National Bar Association.
Guarantees of the practice of law
Valentin Gvozdiy: Ukraine’s ratification of the Convention for the Protection of the Profession of Lawyer – is a matter…
Exactly one year ago, on May 13, 2025, in Luxembourg, during the 134th session of the Committee of Ministers of the Council of Europe, the Convention for the Protection of the Profession of Lawyer was opened for signature. Today, the Verkhovna Rada Committee on legal policy held a working meeting to prepare for its ratification. Between these two dates lies a year, during which (on March 9) Ukraine became the 28th signatory state. We spoke about this new phase with the Vice President of the UNBA, BCU Valentin Gvozdiy, who was personally involved in the preparation of this international instrument.
Support
Mental health, archives and cybersecurity: The UNBA and the IBA reviewed the progress of joint projects
The Ukrainian National Bar Association and the International Bar Association (IBA) reviewed the progress of joint projects that are of practical importance in the context of the war: supporting the mental health of advocates, digitizing archives, and strengthening the cybersecurity of the legal infrastructure.
Rule of Law Roadmap
The UNBA is developing a model for reforming the legal profession
The reform of the advocacy profession is part of the negotiation process regarding Ukraine’s accession to the European Union, and the Rule of Law Roadmap explicitly identifies the Ukrainian National Bar Association as one of the key stakeholders in the process.
Legal defence of military personnel
Missing in action: advocates explain the procedure to the families of servicemembers
As part of the «Advocate+» pilot project, advocates continue to work with military personnel in the brigades, helping to resolve practical legal issues — ranging from social benefits and payments to undergoing medical examinations and processing paperwork.
Guarantees of the practice of law
Police to investigate the NACP's attempts to reform advocacy
The Office of the Prosecutor General has opened a criminal investigation into alleged abuse of power by employees of the National Agency for Corruption Prevention.
Interaction
Advocates and patent attorneys combine their expertise in the field of intellectual property
Joint legislative proposals, expert opinions on regulatory changes and professional discussions on key issues in the field of intellectual property will form the basis of cooperation between the Ukrainian National Bar Association and the National Association of Patent Attorneys of Ukraine.
Interaction
The UNBA and the Council of Judges of Ukraine are expanding their professional dialogue
On April 24, a working meeting was held between the President of the UNBA, BCU Lidiya Izovitova and the Chairman of the Council of Judges of Ukraine Vitaliy Salikhov. Topics discussed included formats for cooperation between bar and judicial self-governing bodies, the development of joint ethical standards, and the formation of a Selection Committee for the recruitment of members of the High Council of Justice.
Publications
Volodymyr Matsko Extradition during wartime: when the risks outweigh the request
Volodymyr Matsko Extradition as a systemic form of rights violations
Victoria Yakusha, Law and Business The anti-corruption vertical cannot «take care» of the Bar as an institution, - acting head of the HQDCB
Censor.net Protecting advocates – protecting justice: addressing concerns about the new law
Ihor Kolesnykov A BRIEF SUMMARY REGARDING THE APPLICATION OF THE ORDER ON EXTENDED CONFISCATION IN LATVIA REGARDING FINANCIAL ASSETS OF…
Valentyn Gvozdiy WORKING IN A WAR ZONE
Lydia Izovitova Formula of perfection
Sergiy Vylkov Our judicial system is so built that courts do not trust advocates