It is proposed to expand the concept of «protector»
A lawyer representing the interests of a legal entity should also be considered a defense counsel within the meaning of Article 45 of the Criminal Procedure Code.
The relevant clarification of this article is proposed by the Draft Law No. 11443 of 25.07.2024 «On Amendments to the Criminal Code of Ukraine, the Criminal Procedure Code of Ukraine and Other Legislative Acts of Ukraine on Bringing Legal Entities' Liability for Corruption Criminal Offenses in Line with International Standards».
The draft law itself aims to fundamentally change the approach to holding a legal entity liable for committing a criminal offense on its behalf or in its interests. For this purpose, among other things, certain amendments are introduced to the CPC, which regulate the possibility of organizing criminal proceedings for the application of criminal law measures to legal entities in a special procedure, i.e. separately from the criminal prosecution of individuals.
To this end, it is proposed to enshrine in a separate Article 483-2 of the CPC the specifics of participation of a representative or defense counsel in criminal proceedings regarding the application of criminal law measures to legal entities in a special manner.
According to the authors of the initiative, the participation of a legal entity's representative in such proceedings is mandatory. Representatives should enjoy the rights and obligations of persons belonging to the defense in criminal proceedings. The representative may not be a person who has or has had any procedural status in the criminal proceedings. The representative has the right to use the remedies provided for by the CPC and other laws in order to ensure the realization of the legal interests of the legal entity.
It is proposed to define that no more than five representatives of a legal entity may simultaneously participate in the pre-trial investigation and trial.
A representative may be engaged by a legal entity to participate in criminal proceedings from the moment the prosecutor, investigator in agreement with the prosecutor, issues a resolution on criminal proceedings to apply criminal legal measures to legal entities in a special manner.
In addition, in the absence of a representative, the draft law provides for a procedure for engaging one in such cases. The investigator, prosecutor shall issue a resolution, and the investigating judge and court shall issue a ruling instructing the relevant body (institution) authorized by law to provide free legal aid to appoint a defense counsel to provide defense as assigned and ensure his or her arrival at the time and place specified in the resolution (ruling) to participate in the criminal proceedings. The resolution (ruling) on the instruction to appoint a defense counsel shall be immediately sent to the relevant body (institution) and shall be binding for immediate execution. No refusal from a defense counsel will be accepted.
Popular news
Discussion
Law and feelings: advocates explore contemporary challenges in family law
Marriage and divorce are not only legal procedures, but also social phenomena that require a responsible approach. The UNBA Committee on family law organized and held a professional discussion on the topic «Conscious» marriage and «prudent» divorce: challenges, risks, consequences».
Practice of law
BCU strengthens its position on the right of advocate to prioritize cases
In legal practice, it is not uncommon for court hearings in different cases to be scheduled at the same time. This raises the question: which case should the advocate attend first, and can the court interfere with this decision?
Edition
Advocate or lobbyist? The UNBA has presented a guide to distinguishing between the professions
The Ukrainian National Bar Association has prepared a guide that helps distinguish between the legal status of an advocate and a lobbyist, explains the limits of permissible activities for each, and prevents possible violations of ethical and legal standards when participating in public policy-making.
Announcements
Essay contest on the synergy of human and artificial intelligence in diplomacy has begun
The Educational and Scientific Institute of International Relations at Taras Shevchenko National University of Kyiv invites students from higher education institutions in Ukraine to participate in the Second All-Ukrainian essay competition on the topic «Modern Ukrainian diplomacy: synergy of human and artificial intelligence in defending national interests».
Abroad
Where is the line between respect for the court and the dignity of an advocate?
Ukrainian advocates sometimes complain about condescending attitudes or tactless remarks from judges. But such conflicts are not unique to Ukraine. In various countries, advocates raise issues of communication culture in court, mutual respect, and the inadmissibility of humiliating participants.
Discussion
Occupational safety during wartime: legal risks and employer liability
On October 21, the National Bar Association of Ukraine held a round table discussion on «Occupational safety in conditions of martial law». Participants discussed how the war has changed the requirements for safe working conditions, what guarantees remain for employees, and what responsibility employers bear for violations of legislation in this area.
Abroad
The Czech advocacy has spoken out in defense of the professional independence of its Ukrainian colleagues
The Czech Bar Association (Česká advokátní komora, ČAK) will appeal to Ukrainian President Volodymyr Zelenskyy and Ukrainian authorities to ensure the preservation of the independence of advocacy in Ukraine.
Legal defence of military personnel
When agreement is (im)possible: family disputes involving military personnel
The number of family cases involving military personnel is growing, with the most common issues being divorce, division of joint property, alimony, deprivation or contestation of parental rights, adoption, establishment of guardianship, and cases related to domestic violence.
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
