Advocates should not be responsible for communication during court hearings

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

Guarantees of the practice of law
The process of signing the Convention on the protection of the profession of advocate was taken under control by t…
The Ministry of Justice sent the text of the translation of the Council of Europe Convention on the protection of the advocate to the Ministry of Foreign Affairs «for review and approval». The main legal authority also expressed its support for the Ministry of Foreign Affairs regarding the signing and ratification of this Convention.

Guarantees of the practice of law
Statement by the UNBA Committee on the «National Police investigation»
The media is spreading news that the National Police of Ukraine is allegedly investigating a criminal offense committed by the leadership of the Ukrainian National Bar Association.

Discussion
Without the protection of advocates, there will be no fair trials in Ukraine — forum in Odesa
Identifying an advocate with their client undermines the foundations of justice, as it deprives individuals of the opportunity to exercise their right to defense, forces advocates to avoid participating in high-profile cases, and ultimately renders procedural guarantees meaningless. Without this, fair trial is impossible.

Guarantees of the practice of law
The number of cases where advocates are identified with their clients is growing – UNBA report
Advocates are increasingly being held hostage to political processes, with them being equated with their clients. Such actions undermine the independence of the profession and create an atmosphere of intimidation, as a result of which Ukrainian citizens are deprived of their right to defense.

Legislation
What data is sufficient to initiate an investigation – UNBA comments on draft law No. 12439
The problem of law enforcement pressure on business remains one of the most acute for the Ukrainian economy. The lack of regulation of certain procedures in the Criminal Procedure Code leads to abuses, as a result of which entrepreneurs find themselves in a state of legal uncertainty.

Guarantees of the practice of law
Law on advocacy and the Council of Europe Convention: the UNBA assessed compliance (comparative table)
The Ukrainian National Bar Association has prepared and published a comparative table showing the extent to which Ukrainian legislation complies with the provisions of the Council of Europe Convention on the protection of the profession of advocate.

Guarantees of the practice of law
The Verkhovna Rada is waiting for the Minister of Justice to take action on signing the Convention on the protection of t…
Ukraine, which was directly involved in the preparation of the world's first Council of Europe Convention on the protection of the profession of advocate, has still not signed it. There appear to be no formal objections, but no real steps have been taken towards accession either.

Abroad
Australian advocate apologizes in court for fake AI quotes
In Australia, a royal advocate apologized to a judge for submitting documents in a criminal case against a teenager accused of murder that contained fabricated quotes and non-existent court decisions generated by artificial intelligence.
Publications

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

Iryna Vasylyk Advocacy in the proclamation of Independence of Ukraine

Oleksandr DULSKY When we cross the border of the Supreme Anti-Corruption Court, we get into another department of the National Anti-Corruption…

Vadym Krasnyk The UNBA will work, and all obstacles and restrictions are only temporary inconveniences