Grant recipients have been booked. What about advocates?

Against the backdrop of the Cabinet's decision to recognize non-governmental organizations that implement international assistance projects with foreign grants as critical and to reserve all their employees from mobilization, the Government's position on this issue regarding lawyers remains unclear.

Lidiya Izovitova, the President of the UNBA, BCU drew attention to the ambiguous reaction in society caused by the relevant order of the State Secretary of the Cabinet of Ministers of Ukraine No. 76 of June 21, 2024, in a letter to Prime Minister Denys Shmyhal.

The head of the Ukrainian National Bar Association noted that in recent years they have repeatedly appealed to the Government with the issue of booking lawyers, but it remains unresolved.

Yet lawyers perform an important constitutional function of protecting Ukrainian citizens in the state. The Constitution of Ukraine guarantees everyone the right to professional legal assistance. In cases provided for by law, this assistance is provided free of charge. This right, enshrined in Article 59 of the Basic Law, is not subject to restrictions, even under martial law. To ensure the proper exercise of this right, the Bar is established in Ukraine. Only a lawyer can represent another person in court and provide defense against criminal charges.

By providing for the reservation of judges, prosecutors, pre-trial investigation and law enforcement officers, while leaving out lawyers, the state violates human rights guarantees and jeopardizes the proper functioning of one of the branches of government. According to the Constitution, justice in Ukraine is impossible without the participation of lawyers!

Since, according to Article 12 of the Law «On Mobilization Preparation and Mobilization», it is the Cabinet of Ministers of Ukraine that organizes the reservation of persons liable for military service for state authorities, other state bodies, local governments, enterprises, institutions and organizations for the period of mobilization and wartime, the UNBA in its appeal to the Prime Minister asks to initiate amendments to the relevant regulations of the Cabinet of Ministers of Ukraine to establish the legal basis for the reservation of advocates who are liable for military service.

It should be reminded that the Procedure for reservation of persons liable for military service during martial law and the Criteria and procedure for determining enterprises, institutions and organizations that are critical for the functioning of the economy and ensuring the livelihoods of the population during a special period, as well as critical for meeting the needs of the Armed Forces and other military formations during a special period, were approved by the Resolution of the Cabinet of Ministers of Ukraine No. 76 dated 27.01.2023.

UNBA specialists are ready to provide all the necessary assistance to prepare the relevant project and its substantiation in accordance with the procedure established by law.