Volyn TCC reminded of the need to respect human rights
No one in Ukraine can be deprived of the right to professional legal aid guaranteed by Article 59 of the Constitution of Ukraine.
This was pointed out by the representative of the Ukrainian Parliament Commissioner for Human Rights in Volyn Oblast, Yulia Spas, after the Volyn Oblast Territorial Center for Recruitment and Social Support stated that lawyers should not interfere with the mobilization and military medical examination processes.
The Ombudsman's representative sent a letter with relevant explanations on prevention of violations of the rights of citizens, including those liable for military service, who are entitled to professional legal aid, to the management of the TSC. They were also given an information stand with contacts of the hotlines of the Office of the Ukrainian Parliament Commissioner for Human Rights.
Earlier, the National Bar Association of Ukraine also commented on the position of the Volyn TCC. «The Bar is a constitutional institution, without which justice is impossible, without which Ukraine is not perceived as a state governed by the rule of law. This is an axiom, said Igor Kolesnikov, Deputy Chairman of the UNBA Committee on Protection of Advocates' Rights and Guarantees of Legal Practice. - The Constitution entrusts the bar with the task of 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».
Popular news
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.
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.
Self-government
Marina Stavniychuk: The UNBA is a professional organization, not a monopoly
A unitary state requires uniform standards for access to the profession and disciplinary responsibility, which is why the Ukrainian National Bar Association acts as a professional organization. Accusations of monopoly are false, because public associations cannot replace professional self-government.
Legislation
UNBA warned about the risks of uncoordinated changes regarding incapacitated persons
The Ukrainian National Bar Association supports the idea of strengthening guarantees for persons declared legally incompetent by a court, but warns against adopting changes that are not coordinated with each other. To ensure real, rather than declarative, protection of rights, a systematic review of the provisions of the Civil Code and the Code of Civil Procedure is necessary.
Guarantees of the practice of law
Illegal mobilization of an advocate: UNBA achieved the opening of criminal proceeding
In the case of the beating of a Zakarpattia advocate, the cancellation of his deferment and his forced mobilization, the Pechersky District Court of Kyiv ordered the Office of the Prosecutor General to immediately enter the information into the Unified Register of Pre-trial Investigations and initiate criminal proceedings.
Guarantees of the practice of law
BCU will request that rooms for advocates to work in be created in all TCC
The Bar Council of Ukraine will appeal to the General Staff of the Armed Forces and the Ministry of Defense with a request to set up separate premises for advocates to work in all territorial recruitment and social support centers.
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