UNBA comments on lawyers' «interference» in mobilization processes

Advocacy
17:37 Fri 16.08.24 451 Reviews
Print

Recently, after another scandal, the Volyn Regional Territorial Center for Recruitment and Social Support stated that lawyers should not interfere with the processes of mobilization and military medical examination. The statement has already been commented on by the National Bar Association of Ukraine.

This is stated in the material of the Law and Business publication.

As a reminder, the TCC cited four arguments:

  • The mobilization and medical examination procedures are specialized and require appropriate knowledge and skills possessed by authorized officials and medical specialists.
  • The interference of lawyers can lead to a violation of the objectivity and independence of the mobilization and medical examination process.
  • The mobilization and medical examination processes are important for national security, and their observance should be beyond the influence of any external persons or organizations.
  • In accordance with paragraph 58 of Resolution No. 560 (referring to the Procedure for Conscription of Citizens for Military Service during Mobilization, for a Special Period, approved by the Cabinet of Ministers of 16.05.2024 No. 560 - Ed. ), persons entitled to a deferment must submit documents in person to the head of the TCC and JV Commission.

According to Ihor Kolesnikov, Deputy Chairman of the UNBA Committee on Protection of Advocates' Rights and Guarantees of Legal Practice, the position of the Volyn TCC in relation to advocates does not stand up to any criticism, shows the highest level of legal nihilism in the state since Ukraine's independence, and may also contain signs of a crime under 397 (Interference with the activities of a defense counsel or representative of a person) of the Criminal Code, which cannot be justified by the conditions of martial law.

«The bar is a constitutional institution without which justice is impossible, without which Ukraine cannot be perceived as a state governed by the rule of law. This is an axiom, - he is convinced. - And it is the bar that is tasked by the Constitution with providing professional legal assistance. And this right of citizens cannot be restricted even under martial law. And despite the enormous pressure, lawyers today continue to protect the legal rights of Ukrainian citizens, including during mobilization».

He reminded that in accordance with the Law «On the Bar and Practice of Law», while practicing law, an attorney has the right to perform any actions not prohibited by law, the rules of attorneys' ethics and the legal aid agreement, in particular:

  • represent and defend the rights, freedoms and interests of individuals in public authorities, enterprises, institutions, organizations regardless of their form of ownership, by officials and officers whose powers include the resolution of relevant issues;
  • to get acquainted at the enterprises, institutions and organizations with the documents and materials necessary for the Practice of Law;
  • to draw up and submit applications, complaints, petitions and other legal documents;
  • to present petitions and complaints at the reception of officials and officers.

«Calling the exercise by a lawyer of his professional rights to protect human rights «interference» with «objective and independent» mobilization procedures is pure Orwellianism, which is an attempt to hide the real problems of the state and society, - says I. Kolesnikov. - Difficulties with obtaining documents, excessive bureaucratization, unprofessionalism of officials, including the employees of the Military Commissariat - aren't these reasons why our citizens are forced to seek professional legal assistance from lawyers? When persons liable for military service feel unprotected, when they cannot get help because their rights and freedoms are violated, how does this affect their motivation to fulfill their constitutional duty to defend the Fatherland? These are the questions we should think about first of all».

Deputy Chairman of the UNBA Committee also noted that the TCC's disregard for the guarantees of the legal profession, in addition to national legislation, also violates international standards set out by the UN Basic Principles on the Role of Lawyers. And this indicates pressure and interference in professional activities, which makes it impossible to properly protect human and civil rights and freedoms.

Popular news

The Bar Council of Ukraine appealed to the High Council of Justice due to delays in forming the Competition Commission of the HQCJ

Advocacy

The Bar Council of Ukraine appealed to the High Council of Justice due to delays in forming the Competition Commission of t…

On June 13, 2025, Lidiya Izovitova, President of the Bar Council of Ukraine, addressed Grigory Usik, Head of the High Council of Justice, regarding the violation of the deadlines for forming a new composition of the Competition Commission for the selection of members of the High Qualification Commission of Judges of Ukraine.

17:29 Fri 13.06.25 111
UNBA calls for compliance with Council of Europe standards for the legal profession

Advocacy

UNBA calls for compliance with Council of Europe standards for the legal profession

The recently approved roadmap for EU accession in terms of bar reform refers to non-existent European standards and was adopted in violation of international principles. Therefore, before talking about changes, it is necessary to compare the current model of the bar with the Council of Europe standards embodied in the Convention on the Protection of the Profession of Lawyer.

14:19 Fri 06.06.25 117
Mobilization of advocates in court: UNBA records another case of pressure

Advocacy

Mobilization of advocates in court: UNBA records another case of pressure

The Ukrainian advocacy has once again faced extrajudicial influence on advocates with the aim of obstructing the exercise of their legitimate powers related to the provision of professional legal assistance to clients.

16:35 Fri 30.05.25 194
BCU demands verification of authenticity of SSU letter on «dangerous» advocacy

Advocacy

BCU demands verification of authenticity of SSU letter on «dangerous» advocacy

The Bar Council of Ukraine will appeal to the head of the Security Service of Ukraine, Vasyl Malyuk, regarding the verification of information about «negative trends in the legal profession» disseminated by some media outlets on behalf of the SSU.

17:34 Wed 14.05.25 148
Council of Europe Convention on the Protection of the Profession of Advocate open for signature

Advocacy

Council of Europe Convention on the Protection of the Profession of Advocate open for signature

Thirteen member states of the Council of Europe have signed the Convention on the Protection of the Profession of Advocate, which was adopted by the Committee of Ministers of the Council of Europe on March 12, 2025. Four more countries will do so today. Ukraine is not among them.

9:28 Wed 14.05.25 175
BCU initiates resolution of the issue of visits by advocates to convicted persons

Advocacy

BCU initiates resolution of the issue of visits by advocates to convicted persons

Article 110 of the Criminal Enforcement Code guarantees convicted persons confidentiality of meetings with their advocate. One of the important elements is the possibility to communicate with an advocate in a room without a solid partition. In practice, this provision of the law is systematically violated.

12:32 Wed 07.05.25 133
Advocates, academics, and experts examine problems in forensic examination (video)

Advocacy

Advocates, academics, and experts examine problems in forensic examination (video)

The Ukrainian National Bar Association, in cooperation with leading scientific and research institutes of forensic expertise, organized a round table on expert support for legal practice.

14:39 Mon 05.05.25 153
Does the mobilization of a lawyer violate the human right to defense - conclusion of the Supreme Court

Advocacy

Does the mobilization of a lawyer violate the human right to defense - conclusion of the Supreme Court

Article 335 of the CPC provides for the suspension of court proceedings only in cases where the accused was called up for military service during mobilization. However, this provision does not apply to the mobilization of a defense counsel.

16:46 Fri 02.05.25 146

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

Оберіть файл