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