UNBA comments on lawyers' «interference» in mobilization processes

Advocacy
17:37 Fri 16.08.24 280 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

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 13.01.25 190
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 24.12.24 120
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 17.12.24 140
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 16.12.24 152
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 13.12.24 148
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 13.12.24 160
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 09.12.24 163
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 06.12.24 155

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

Оберіть файл