Use of legal remedies is not pressure – BCU

Advocacy
14:17 Thu 01.08.24 289 Reviews
Print

Lidiya Izovitova, the President of the UNBA, BCU appealed to the Prosecutor General's Office and the Council of Prosecutors of Ukraine regarding the inadmissibility of pressure on lawyers who use legal means of defense in the framework of providing legal aid.

Earlier, the Bar Council of Ukraine considered the appeal of a lawyer who, on behalf of his clients, filed a motion for temporary access to documents containing legally protected secrets, a motion for a search, and sent lawyer's requests related to the prosecutor's service in the case. Based on these documents, a motion was filed to disqualify the prosecutor due to circumstances that raise reasonable doubts about his impartiality (the court dismissed the motion).

At the same time, the prosecutor appealed to the Council of Prosecutors of Ukraine with a report on the threat to his independence. He pointed to unlawful influence and pressure in the exercise of his powers and failure to comply with the limits of reasonable criticism by the lawyer.

After reviewing the materials, the CPU confirmed the fact that the prosecutor's independence was threatened by the lawyer's actions, and informed the regional bar council of the decision.

The BCU paid special attention to the fact that the prosecutor initiated the issue of assessing the validity and appropriateness of the tactics, methods and techniques of advocacy used by the advocate who was his procedural opponent before the CPU. And the CPU asked the lawyer to provide explanations on these issues. This poses a threat of violation of the principles of independence and confidentiality of the practice of law, as well as the risk of disclosure of information constituting the attorney-client privilege. Moreover, such actions undermine the fundamental principles and foundations of the legal profession. Therefore, the conclusion of the CPU regarding the failure of the advocate to comply with the limits of reasonable criticism of the prosecutor negates the right of the advocate to participate effectively in the process when practicing law in court, since the position of the CPU is actually reduced to the fact that the defense counsel should be passive and predictable for his procedural opponent, the prosecutor, and not respond to the shortcomings of the latter's procedural activities.

As a result, the Bar Council of Ukraine condemned and recognized as unacceptable the violation of the advocate's right to effective participation in the process in the course of advocacy in court, including by providing an assessment of tactics, methods and techniques of advocacy by unauthorized bodies and persons.

In addition, the practice of certain law enforcement officials aimed at narrowing and restricting the professional rights of attorneys to file an attorney's request in order to obtain information and copies of documents necessary for the attorney to prepare the attorney's legal position in the case, to provide proper defense of the client and to strengthen the client's adversarial (other) legal position was recognized as unacceptable, illegal and violating the rights of attorneys and guarantees of the practice of law.

It also emphasized the inadmissibility of actions aimed at restricting the independence of the legal profession, honor, dignity and business reputation of their colleagues, undermining the prestige of the Bar and the practice of law.

The full text of the decision of the UNBA dated 07.06.2024 No. 24 «On Appeal to the Office of the Prosecutor General and the Council of Prosecutors of Ukraine on Compliance with the Guarantees of the Practice of Law» is available at the link.

Popular news

Beating of a lawyer in Kharkiv: what is known about the incident in the premises of the MME

Advocacy

Beating of a lawyer in Kharkiv: what is known about the incident in the premises of the MME

When the lawyer began to record violations of her client's rights in the premises of the military medical commission, the defender was pushed out of the room by physical force and her belongings were thrown away. The Verkhovna Rada became interested in the incident, and the Ombudsman took the case under his personal control.

16:25 Mon 13.01.25 230
The Verkhovna Rada proposes to grant lawyers a deferral from the draft (criteria)

Advocacy

The Verkhovna Rada proposes to grant lawyers a deferral from the draft (criteria)

The mobilization of lawyers has devastating consequences for the system of professional legal aid, as it violates the legal rights and interests of hundreds of thousands of citizens and legal entities to whom male lawyers provide professional legal aid.

11:58 Tue 24.12.24 147
Exemption from payment of fees in 2025: what advocates should know

Advocacy

Exemption from payment of fees in 2025: what advocates should know

The Bar Council of the region and the Ukrainian National Bar Association may, upon the applications of advocates submitted by December 31, decide to exempt, reduce, or defer the payment of the annual fee for the implementation of the bar self-government.

14:57 Tue 17.12.24 161
The annual fee of an advocate in 2025: The BCU has changed the distribution

Advocacy

The annual fee of an advocate in 2025: The BCU has changed the distribution

In 2025, the annual contribution to the bar self-government will continue to be one subsistence minimum for able-bodied persons (UAH 3,028, according to the Law on the State Budget). At the same time, its distribution will change.

15:49 Mon 16.12.24 175
Officially: there are more than 70 thousand advocates in Ukraine

Advocacy

Officially: there are more than 70 thousand advocates in Ukraine

Recently, the number of advocates in our country has exceeded 70 thousand. To be more precise, as of today, the Unified Register of Advocates of Ukraine contains information about 70152 attorneys.

17:57 Fri 13.12.24 168
European integration and advocacy: development of the institution through constructive dialogue

Advocacy

European integration and advocacy: development of the institution through constructive dialogue

Today, unfortunately, there are many pseudo-experts who are confidently undertaking to reform the institution of the bar. At the same time, they are unwilling to study the issue from the inside and deliberately ignore the disastrous consequences of their initiatives for the country.

16:41 Fri 13.12.24 183
Some TCCs have become «territories without advocacy» - Lidiya Izovitova

Advocacy

Some TCCs have become «territories without advocacy» - Lidiya Izovitova

If the prosecution does not like the position of the lawyer, it resorts to pressure, including through territorial centers for recruitment and social support. Physical pressure, accusations of treason, mobilization - all this can be a reaction of the authorities to an active defense.

13:39 Mon 09.12.24 190
Lidiya Izovitova: The Law on the Bar is a part of Ukraine's European integration path

Advocacy

Lidiya Izovitova: The Law on the Bar is a part of Ukraine's European integration path

The current Law of Ukraine «On the Bar and Practice of Law» is the most modern law on the bar in Europe. Since it embodies European standards of legal profession and self-government, its adoption, among other things, allowed the signing of the Association Agreement with the EU in 2014.

13:53 Fri 06.12.24 164

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

Оберіть файл