Advocates will be given advice on how to respond to unlawful actions of the TCC

Advocacy
15:59 Thu 09.05.24 905 Reviews
Print

The Ukrainian National Bar Association will prepare methodological recommendations on the algorithm of actions of lawyers in case of encroachment on their professional rights by representatives of state bodies, in particular, TCCs, while providing legal assistance to clients. Regional bar councils will be involved in the work.

Lidiya Izovitova, the President of the UNBA, BCU, signed an order to establish a working group from among the members of the Bar Council of Ukraine to process the available materials, analyze the legislation and develop an appropriate algorithm. The President of the UNBA, BCU also addressed the heads of the regional bar councils with a request to consider this issue at the meetings of the councils and provide relevant proposals.

As a reminder, recently there have been increasing cases of detention by employees of territorial centers for recruitment and social support of advocates who perform their professional duties in the framework of protecting clients and providing them with professional legal assistance. One of the most recent violations was committed on May 3 in Odesa region, when a lawyer who participated in an investigative action was detained and forcibly taken to the TSC after being threatened by a law enforcement officer. The advocates also report other cases of cynical and gross interference with their professional activities directly during the provision of legal aid to clients. The UNBA is aware of such cases in Kharkiv, Mykolaiv, Zakarpattia, Chernihiv, Chernivtsi and Odesa regions. In this regard, the UNBA prepared and sent to the subjects of legislative initiative the draft Law «On Amendments to the Criminal Code of Ukraine on Strengthening Liability for Obstruction of the Right to Defense».

It is envisaged that the methodological recommendations for advocates will include advice on the proper recording of violations of the guarantees of the practice of law by technical means of video recording and an algorithm for further actions of advocates, in particular, reporting to hotlines, preparing statements to law enforcement agencies, as well as control measures by the bar self-government bodies.

Violations of the rights of lawyers in the course of their practice cannot be justified by martial law. The Constitution provides everyone with the right to professional legal assistance and recognizes the independence of the Bar.

Therefore, violation of the rights of advocates by state authorities, in particular the TCC, not only indicates pressure and interference in professional activities, but also makes it impossible to properly protect the rights and freedoms of man and citizen.

Popular news

Protecting the legal profession, cybersecurity and support for advocates: common themes for the IBA and the UNBA

Support

Protecting the legal profession, cybersecurity and support for advocates: common themes for the IBA and the UNBA

On September 18, a working meeting was held at the office of the Ukrainian National Bar Association with Executive Director of the International Bar Association (IBA) Mark Ellis. The parties discussed the Ukrainian advocacy profession’s participation in European legal processes, the protection of the UNBA’s digital infrastructure, psychological support for advocates and future areas of cooperation.

19:46 Fri 18.09.26 131
Tax residency of Ukrainians abroad: what matters

Educational events

Tax residency of Ukrainians abroad: what matters

The determination of tax residency for Ukrainians who have been living abroad for an extended period depends on the combination of their personal and economic ties to each country. The established status determines the procedure for reporting income, paying taxes and fulfilling CFC reporting obligations.

18:19 Thu 17.09.26 114
Are Europe's advocacy associations prepared for a potential war? V. Gvozdiy shared lessons from the Ukrainian experience

War

Are Europe's advocacy associations prepared for a potential war? V. Gvozdiy shared lessons from the Ukrainian experience

The continuity of the bar’s self-governance, the protection of professional registries and archives, as well as equal guarantees of employment for advocates, judges, and prosecutors must be enshrined in advance in legislation in the event of war or another emergency.

9:42 Mon 14.09.26 170
Payments to military personnel require clear and uniform criteria — UNBA Committee

Legal defence of military personnel

Payments to military personnel require clear and uniform criteria — UNBA Committee

The vagueness of terms in subordinate regulatory acts leads to differing interpretations of the grounds for paying additional compensation to military personnel. The UNBA has proposed harmonizing these acts and establishing transparent criteria for the allocation of funds.

16:45 Wed 09.09.26 107
Former CCBE President James MacGuill has passed away

Tragic news

Former CCBE President James MacGuill has passed away

The Ukrainian National Bar Association expresses its condolences on the passing of James MacGuill — a renowned Irish advocate and former president of the Law Society of Ireland and the Council of Bars and Law Societies of Europe (CCBE).

10:27 Mon 07.09.26 116
How DISC helps manage «tigers», «monkeys», «elephants» and «turtles»

Educational events

How DISC helps manage «tigers», «monkeys», «elephants» and «turtles»

The same instruction from a manager may motivate one employee to take action, while leaving another without the necessary guidance. People perceive work tasks differently: for some, a deadline and the expected outcome are enough, while others need explanations, time or a detailed plan.

11:22 Tue 01.09.26 170
The Council of Europe Convention will strengthen constitutional guarantees of human rights – M. Stavniychuk

Guarantees of the practice of law

The Council of Europe Convention will strengthen constitutional guarantees of human rights – M. Stavniychuk

The exclusive right of an advocate to represent another person in court, as enshrined in the Constitution, should be viewed as an integral part of the mechanism for protecting human rights in Ukraine. Furthermore, ratification of the Council of Europe Convention on the Protection of the Professions of Lawyer could strengthen the substance of this and other guarantees.

10:45 Mon 31.08.26 113
The Verkhovna Rada is preparing a bill to implement the Convention on the Protection of the Professions of Lawyer

Legislation

The Verkhovna Rada is preparing a bill to implement the Convention on the Protection of the Professions of Lawyer

Members of Parliament plan to introduce a bill in the near future to implement the main provisions of the Council of Europe Convention on the Protection of the Professions of Lawyer. This parliamentary initiative may also prompt the government to expedite the preparation of the ratification package.

12:13 Fri 28.08.26 194

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

Оберіть файл