Lawyers who went to military service are called to eliminate incompatibility
Since military service is incompatible with the practice of law, military units began to warn servicemen who failed to comply with the law on incompatibility about the initiation of disciplinary measures against them.
Taking into account the relevant separate order of the Commander-in-Chief of the Armed Forces of Ukraine, the Bar Council of Ukraine invalidated its decision of 03.03.2022 No. 24 «On Peculiarities of Military or Alternative (Non-military) Service by Advocates during the Period of Martial Law».
At the beginning of the full-scale invasion, many lawyers took up arms to defend the country, joining the ranks of the Armed Forces and territorial defense. At that time, they were objectively unable to comply with the requirement of the Law «On the Bar and Practice of Law» to eliminate incompatibility and submit an application to the Bar Council of the region at the address of their workplace to suspend their practice of law. That is why in the spring of 2022, the BCU decided not to consider military service by lawyers during martial law a violation of the incompatibility requirement and not to use this ground for disciplinary action. However, some perceived Decision No. 24 as a permission to combine military service with the practice of law and a loophole for additional income
At the same time, the combination of professions leads to improper performance by a citizen of the duties of both a military officer to protect the sovereignty and independence of the state and an advocate to provide defense, representation and other types of legal assistance to a client. After all, according to the Statute of the Internal Service of the Armed Forces of Ukraine, one of the main principles is sole authority and strict subordination, and the specifics of the goals and objectives of the Bar require maximum independence of the advocate in the exercise of his or her professional rights and duties. This implies freedom from any external influence, pressure or interference in the provision of professional legal aid, defense or representation of a client (read more about this here).
Thus, as of today, lawyers who are performing military service but have not filed an application for suspension of their practice of law to the bar council of the region at the address of their workplace must do so and eliminate the circumstances of incompatibility.
If any entities impede the fulfillment of this obligation, which follows from Article 7 of the Law «On the Bar and Practice of Law», the BCU asks its colleagues to contact the Ukrainian National Bar Association for response measures.
Popular news
Legislation
Proceedings against military personnel following AWOL require clear deadlines — UNBA
A soldier’s return to duty after AWOL does not necessarily mean the end of criminal proceedings. To ensure that the case does not remain at the pretrial investigation stage, a clear procedure for the investigator and prosecutor is required.
Legislation
The UNBA warned of the risk of customs barriers for Ukrainian paper and furniture
Ukraine’s anti-deforestation rules are intended to preserve export access to the EU market. However, without paper and furniture on the list of goods, without effective sanctions, and with enforcement beginning only in 2030, these rules could hinder that goal.
Legislation
Fines for loud exhaust — based on a standardized measurement method — UNBA
Measures to combat intentionally loud exhaust noises are justified, especially during wartime. However, as long as the law does not specify which noise standard to apply or how to measure it on the road, this new liability can be neither fair nor effective.
Guarantees of the practice of law
Guarantees for advocacy without protective measures: proposed changes to the codes
The current law sets forth the rights and guarantees of the legal profession, but lacks the tools to protect them. The future law on advocacy is intended to fill this gap through amendments to criminal, administrative and procedural legislation.
Abroad
Living abroad doesn't sever your ties with Ukraine: what you should check
Moving to another country and even long-term residence abroad does not automatically sever an individual’s legal ties to Ukraine. Tax residency, sole proprietorship status, foreign income, enforcement proceedings, and military registration remain relevant even after relocation.
Legislation
Exceptions to the state prosecutor's representation in court must be consistent with the CCU's decision
To prevent the provisions of Article 23 of the Law «On the prosecutor’s office» from being declared unconstitutional again, the proposed amendments contained in the government’s draft law should be clarified.
Educational events
How can an advocate defend a client whose data is processed by the Interpol system?
The absence of a last name on the Interpol website does not necessarily mean that no one is looking for that person. How can you find out exactly what information police databases in 196 countries hold about a client, and does the removal of a record mean that the problems are behind you?
Legislation
A bill implementing the Convention on the Protection of the Professions of Lawyer has been introduced
The constitutional guarantees of legal aid, defense, and the independence of advocacy cannot be realized without protecting advocates from unwarranted interference in their professional activities, including searches, the seizure of professional materials and the use of criminal procedural mechanisms to exert pressure.
Publications
Vasyl Kolishnyi, «Law and Business» Supporting mental health should become part of the professional culture of the Bar, - H. Udovenko
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
