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
Advocates have warned that the draft Labor Code would curtail workers' protections
Certain provisions of the draft Labor Code of Ukraine regarding collective labor disputes undermine labor protections and do not comply with constitutional and international standards.
Educational events
The right of minors to marry: how judicial oversight works
The issue of granting minors the right to marry lies at the intersection of family law, child protection, and judicial discretion. The UNBA Committee on family law dedicated a webinar held on March 30 to this very topic.
Interaction
The UNBA and the Coordination headquarters have agreed to cooperate in assisting those released from captivity
Servicemen released from captivity, family members of prisoners of war, civilians deprived of their personal liberty as a result of armed aggression, as well as persons missing in connection with the war, will gain additional opportunities to access legal assistance and protect their rights.
Self-government
BCU: The HCJ’s decisions undermine the constitutional guarantees of the independence of the advocacy profession
The Bar Council of Ukraine has concluded that, in its recent decisions, the High Council of Justice has, without legal grounds, called into question the right of bar self-governing bodies to protect the guarantees of legal practice and has, in effect, attempted to grant one of its members — who retains the status of an advocate — special immunity from the Rules of professional conduct and disciplinary responsibility.
Announcements
The Bar Council of Ukraine begins its meeting
Today, April 2, a meeting of the Bar Council of Ukraine is taking place in Kyiv. On the agenda are issues related to the activities of bar self-governing bodies, consideration of a decision by the High Council of Justice, a number of appeals, as well as a discussion of the current state and pressing issues regarding the functioning of the legal aid system.
Interaction
The UNBA and the National Guard have agreed to cooperate on legal protection for military personnel
Servicemembers of the National Guard, their family members, and veterans are to receive additional legal tools to protect their rights, while the National Guard’s legal services will receive methodological and expert support.
Interaction
Protecting the rights of service members: The UNBA and the Military Ombudsman have agreed on cooperation
Servicemembers, reservists, conscripts during training exercises, members of local community volunteer units, and other individuals covered by the Law «On the Military Ombudsman» should have better access to professional legal assistance.
Discussion
New Labor Code: advocates highlight the strengths and risks of the draft
The draft Labor Code contains a number of progressive provisions aimed at modernizing labor legislation: digitizing procedures, expanding forms of employment, and increasing transparency in wage payments. At the same time, certain systemic issues require further refinement.
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