UNBA comments on lawyers' «interference» in mobilization processes

Advocacy
17:37 Fri 16.08.24 660 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 Verkhovna Rada took another step towards ratifying the Convention on the protection of the profession of advocate

Guarantees of the practice of law

The Verkhovna Rada took another step towards ratifying the Convention on the protection of the profession of advocate

On November 5, the Verkhovna Rada held a working meeting dedicated to the translation of the Council of Europe Convention on the protection of the profession of advocate for its subsequent signing and ratification. The issue was initiated by the Ministry of Foreign Affairs, which drew attention to the key term «lawyer» in the international treaty.

18:19 Thu 06.11.25 123
NACB is looking for corruption risks in its activities. Advocates are asked to help

Interaction

NACB is looking for corruption risks in its activities. Advocates are asked to help

The National Anti-Corruption Bureau of Ukraine has launched a survey aimed at gathering information to identify corruption risks in the activities of the National Bureau and prepare an Anti-Corruption Program for 2026–2028.

13:38 Thu 06.11.25 103
Agreement on the provision of lobbying services: a template for advocates has been developed by the UNBA

Interaction

Agreement on the provision of lobbying services: a template for advocates has been developed by the UNBA

The Ukrainian National Bar Association has prepared a model agreement for the provision of lobbying services that complies with the requirements of the relevant law and takes into account the specific features of such activities carried out by persons providing legal assistance.

12:51 Tue 04.11.25 100
Nana Bakayanova awarded with the Certificate of honor of the Verkhovna Rada of Ukraine

Greetings

Nana Bakayanova awarded with the Certificate of honor of the Verkhovna Rada of Ukraine

Nana Bakayanova, head of the Department of judicial, law enforcement and advocacy organizations at the Odessa Law Academy and secretary of the disciplinary chamber of the Odessa Region Qualification and Disciplinary Commission, received a Certificate of honor from the Verkhovna Rada of Ukraine.

15:23 Thu 30.10.25 120
Law and feelings: advocates explore contemporary challenges in family law

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».

12:46 Thu 30.10.25 152
BCU strengthens its position on the right of advocate to prioritize cases

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?

13:12 Tue 28.10.25 199
Advocate or lobbyist? The UNBA has presented a guide to distinguishing between the professions

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.

18:42 Fri 24.10.25 238
Essay contest on the synergy of human and artificial intelligence in diplomacy has begun

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».

17:48 Fri 24.10.25 238

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

Оберіть файл