Increased pressure on lawyers means a deterioration in the human rights situation in the country
Recent legislative changes to the mobilization and military registration procedure have introduced additional responsibilities for men liable for military service. In particular, they have until July 16 to update their data. However, representatives of the TCC are not waiting for this date. Already today, they are demanding to see the relevant confirmations during the checks of military registration documents. This leads to conflict situations and, consequently, human rights violations. This raises the question of the role of lawyers providing professional legal aid.
Members of the Bar Council of Ukraine are discussing the problems of advocacy under martial law during a meeting held today, June 7, in Zakarpattia region.
Opening the event, Lidiya Izovitova, the President of the UNBA, BCU recalled cases of violation of the rights and guarantees of the legal profession by the military authorities.
In particular, on the eve of the meeting in Kharkiv, a lawyer was beaten by representatives of the TCC. This incident was considered in detail at an extraordinary meeting of the Bar Council of the region. In May, in Odesa region, a defense lawyer who was performing his duties was detained during a search and forcibly taken to the TCC. In Kyiv, a laptop and a phone were seized from a lawyer during a search, contrary to the investigating judge's ruling. In its publication, the Transcarpathian TCC accused lawyers who assist citizens in obtaining one-time financial assistance and pensions of making money from the grief of the families of heroes.
Such cases of arbitrariness of the authorities have become systemic. Statistics show a threatening situation for the effective and safe professional activity of defense lawyers. And the Ukrainian National Bar Association, within the limits of its authority, responds to violations of the rights and guarantees of the practice of law and takes measures to eliminate them.
Because interference in the activities, violence against defense lawyers, illegal deprivation of liberty, seizure of personal belongings, including those containing attorney-client privilege, are all actions that not only impede the practice of law but also violate the human right to defense and legal aid. Therefore, the growing pressure on lawyers and the Bar threatens to deteriorate the human rights situation in Ukraine.
L. Izovitova reminded that the UNBA conveyed this position in its appeals to the Minister of Defense Rustem Umerov and the Ombudsman Dmytro Lubinets. The UNBA also prepared and sent to the leadership of the Verkhovna Rada and the relevant committees a draft law on amendments to the Criminal Code to strengthen liability for obstructing the right to defense. The UNBA's initiative to establish liability for violation of the prohibition of identification of attorneys and clients has already been registered in the Verkhovna Rada. A working group of the UNBA members was also created to process the available materials, analyze the legislation and develop an algorithm for lawyers' response to illegal actions of state authorities. Regional bar councils should also provide their assistance in the preparation of recommendations.
Popular news
Legislation
The path to ratification of the Convention must not end in yet another delay — L. Izovitova
Ukraine’s preparations for the ratification of the Council of Europe Convention on the Protection of the Professions of Lawyer have already passed key stages. Now, government institutions must submit the matter to the Verkhovna Rada for consideration. In doing so, Ukraine may complete the ratification process faster than EU member states.
Guarantees of the practice of law
Ukraine could be the first to implement a European mechanism for the protection of advocates. What’s holding it back?
Ukraine has a chance to be the first country to ratify the Council of Europe Convention on the Protection of the Professions of Lawyer. Political support for this exists, but the government’s legislative package has not yet been submitted to parliament. Meanwhile, the number of violations of advocates’ rights is on the rise.
Educational events
How can an advocate verify that work has been completed if the client refuses to sign the report?
When billing by the hour, the primary document for determining the fee may be a detailed report on the time spent by the advocate and the work performed. To prevent the client from withholding payment, the contract should specify in advance the procedure for submitting and approving such a report.
Self-government
The BCU took note of the public appeal from the HCJ
The Bar Council of Ukraine has determined that, given the current security situation, it is objectively impossible to hold, in accordance with the procedure established by the Law «On the advocacy and the practice of law», meetings of advocates, regional conferences of advocates and the Congress of Ukrainian Advocates, including for the purpose of electing two members of the High Council of Justice under the quota allocated to the Congress of Ukrainian Advocates.
War
The BCU has launched a digital project «Wall of Remembrance and Honor»
The Bar Council of Ukraine has adopted a resolution to launch the digital project «Wall of Remembrance and Honor». To this end, the UNBA is beginning to collect information on advocates and paralegals who lost their lives as a result of the Russian Federation’s armed aggression against Ukraine.
Legal defence of military personnel
«Advocate+» has expanded its operations to 18 military units
The «Advocate+» project of the Ukrainian National Bar Association, which assigns advocates to military units, has expanded its operations to 18 units. Specialists have already been assigned to the new participants and are set to begin consultations next week.
Appointment
The UNBA has established a Committee on cybersecurity and virtual assets
A permanent collegial advisory body — the Committee on cybersecurity and virtual assets has been established under the UNBA.
Legal defence of military personnel
Medical care, veterans' benefits and legal assistance: what changes are needed to protect service members
The consequences of torture and illnesses suffered by Ukrainian servicemembers while in captivity are not always properly documented or taken into account when providing social benefits. Therefore, a medical examination is crucial during the reintegration phase; it is also necessary for documenting war crimes.
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