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
Practice of law
BCU strengthens its position on the right of advocate to prioritize cases
In legal practice, it is not uncommon for court hearings in different cases to be scheduled at the same time. This raises the question: which case should the advocate attend first, and can the court interfere with this decision?
Edition
Advocate or lobbyist? The UNBA has presented a guide to distinguishing between the professions
The Ukrainian National Bar Association has prepared a guide that helps distinguish between the legal status of an advocate and a lobbyist, explains the limits of permissible activities for each, and prevents possible violations of ethical and legal standards when participating in public policy-making.
Announcements
Essay contest on the synergy of human and artificial intelligence in diplomacy has begun
The Educational and Scientific Institute of International Relations at Taras Shevchenko National University of Kyiv invites students from higher education institutions in Ukraine to participate in the Second All-Ukrainian essay competition on the topic «Modern Ukrainian diplomacy: synergy of human and artificial intelligence in defending national interests».
Abroad
Where is the line between respect for the court and the dignity of an advocate?
Ukrainian advocates sometimes complain about condescending attitudes or tactless remarks from judges. But such conflicts are not unique to Ukraine. In various countries, advocates raise issues of communication culture in court, mutual respect, and the inadmissibility of humiliating participants.
Discussion
Occupational safety during wartime: legal risks and employer liability
On October 21, the National Bar Association of Ukraine held a round table discussion on «Occupational safety in conditions of martial law». Participants discussed how the war has changed the requirements for safe working conditions, what guarantees remain for employees, and what responsibility employers bear for violations of legislation in this area.
Abroad
The Czech advocacy has spoken out in defense of the professional independence of its Ukrainian colleagues
The Czech Bar Association (Česká advokátní komora, ČAK) will appeal to Ukrainian President Volodymyr Zelenskyy and Ukrainian authorities to ensure the preservation of the independence of advocacy in Ukraine.
Legal defence of military personnel
When agreement is (im)possible: family disputes involving military personnel
The number of family cases involving military personnel is growing, with the most common issues being divorce, division of joint property, alimony, deprivation or contestation of parental rights, adoption, establishment of guardianship, and cases related to domestic violence.
Self-government
Marina Stavniychuk: The UNBA is a professional organization, not a monopoly
A unitary state requires uniform standards for access to the profession and disciplinary responsibility, which is why the Ukrainian National Bar Association acts as a professional organization. Accusations of monopoly are false, because public associations cannot replace professional self-government.
Publications
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
Iryna Vasylyk Advocacy in the proclamation of Independence of Ukraine
Oleksandr DULSKY When we cross the border of the Supreme Anti-Corruption Court, we get into another department of the National Anti-Corruption…
Vadym Krasnyk The UNBA will work, and all obstacles and restrictions are only temporary inconveniences