Advocates should not be responsible for communication during court hearings

Advocacy
10:29 Sat 08.06.24 516 Reviews
Print

In the context of permanent blackouts and instability of telecommunication equipment, lawyers and other participants in court cases should not be responsible for the risks of technical impossibility of participating in a videoconference during a court hearing.

During the meeting on June 7, the members of the Bar Council of Ukraine analyzed the provisions of the Regulation on the Procedure for the Functioning of Certain Subsystems (Modules) of the Unified Judicial Information and Telecommunication System, approved by the decision of the HCJ of 17.08.2021 No. 1845/0/15-21, and drew attention to its clause 46.

According to the current version, if the court has the technical capability, a party to the case may participate in a court hearing via videoconference outside the court premises using its own technical means in accordance with the procedure established by the procedural law.

It was also established that the risks of technical impossibility of participating in a videoconference outside the courtroom, interruption of communication, etc. are borne by the party to the case who submitted the relevant application.

In this regard, the participants of the meeting recalled the decision of the BCU of November 16-17, 2022, No. 148 «On the validity of the reasons for the absence of a lawyer from a court hearing, investigative actions, etc. during martial law».

At that time, the Council pointed out that the rules of the procedural codes provide for the possibility of participation of participants in the case in a court hearing via video conference. However, due to missile strikes on critical and civilian infrastructure, shopping and business centers, and residential buildings, there are power outages, emergency and planned power outages, which undoubtedly affects the quality or lack of communication.

Force majeure circumstances, including military events and other similar circumstances, are considered to be one of the valid reasons for a person's failure to respond to a call. Therefore, there are sufficient grounds to believe that the circumstances related to the introduction of martial law, including the loss of Internet connection or electricity during participation in a videoconference, are force majeure circumstances, which is a valid reason for the failure of advocates to appear at court hearings, investigative actions, pre-trial investigation bodies, administrative jurisdiction, etc.

Therefore, in the opinion of the UNBA members, the provision of clause 46 of the Regulation on the risks of technical impossibility of participation in a videoconference should be removed from the Regulation.

The UNBA's appeal will be sent to the High Council of Justice.

It should be reminded that the UJITS video conferencing subsystem provides:

1) video and audio recording of court hearings, booking (reservation) of courtrooms, the possibility for the parties to the case to submit documents (including procedural documents, written and electronic evidence, etc.) during the court hearing via videoconference;

2) the possibility for users to participate in meetings of other bodies and institutions of the justice system via videoconference.

In order to participate in a court hearing via videoconference, a party to the case must first register in the Electronic Cabinet. The party to the case must also check his/her own technical means for compliance with the technical requirements set forth in the User Manual of the videoconferencing subsystem for working with the system.

Popular news

The UNBA is developing a concept for a Center for expert research

Interaction

The UNBA is developing a concept for a Center for expert research

The Ukrainian National Bar Association has begun work on a concept for a Center for expert research, which is intended to provide advocates and their clients with access to specialized knowledge and the ability to have expert opinions professionally reviewed.

17:18 Fri 24.07.26 100
Ombudsman calls for a firm response to violence against advocates

Guarantees of the practice of law

Ombudsman calls for a firm response to violence against advocates

Every instance of obstruction of an advocate’s lawful activities, use of physical force, delaying an investigation, or concealment of evidence must be subject to a proper legal assessment. The state is obligated to ensure that the right to a defense is a genuine guarantee.

16:13 Fri 17.07.26 208
The UNBA congratulates Denis Maslov on his appointment as Minister of Justice

Greetings

The UNBA congratulates Denis Maslov on his appointment as Minister of Justice

Denis Maslov’s many years of experience as a advocate, his work as a judge and his tenure as chairman of the Verkhovna Rada of Ukraine’s Committee on legal policy have given him a deep understanding of how the legal system functions and the challenges it faces.

19:43 Thu 16.07.26 220
The Verkhovna Rada explained why the section on advocacy should be removed from the anti-corruption strategy

Legislation

The Verkhovna Rada explained why the section on advocacy should be removed from the anti-corruption strategy

The section on advocacy and legal aid in the draft anti-corruption strategy for 2026–2030 goes beyond the scope of anti-corruption policy and is inconsistent with the constitutional guarantees of the independence of the legal profession.

14:26 Thu 09.07.26 182
Advocates are invited to the III UAA Arbitration Academy 2026

Announcements

Advocates are invited to the III UAA Arbitration Academy 2026

The UNBA, at the initiative of the Committee on alternative dispute resolution, invites advocates, lawyers, students, judges, government officials and anyone interested in international arbitration to participate in the III UAA Arbitration Academy 2026.

19:25 Mon 06.07.26 118
How can an advocate recharge if fatigue persists after the weekend?

Educational events

How can an advocate recharge if fatigue persists after the weekend?

Fatigue resulting from prolonged stress does not always go away after sleep, a weekend, or a vacation. In situations of chronic stress, it is important for advocates not only to «take a break» but also to understand exactly which resource has been depleted and what type of rest is needed.

12:03 Mon 06.07.26 102
Complaints, time limits and prosecutorial powers: what gaps in the CPC do advocates see?

Discussion

Complaints, time limits and prosecutorial powers: what gaps in the CPC do advocates see?

During the pretrial investigation stage, the effectiveness of the defense depends to a large extent on the proper implementation of procedural safeguards: the timely consideration of complaints, the advocate’s access to information regarding the progress of the proceedings and so on.

16:24 Fri 03.07.26 130
The NACP’s clarification regarding the declaration of membership in the UNBA should be clarified – BCU

Guarantees of the practice of law

The NACP’s clarification regarding the declaration of membership in the UNBA should be clarified – BCU

An advocate’s membership in the UNBA is an element of professional status arising by virtue of law, rather than a voluntary private membership in an association. Therefore, failure to disclose it in a declaration should not automatically lead to the conclusion of unethical conduct or the concealment of a private interest.

12:28 Fri 03.07.26 242

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

Оберіть файл