Everyone deserves protection, the Bar fulfills this requirement of the Constitution
The formation of the opinion in society that lawyers somehow choose their clients incorrectly because some people are not worthy of defense is a very dangerous phenomenon for the state. In the future, our enemies can use it against Ukraine.
Lidia Izovitova, the president of the Ukrainian National Bar Association and Bar Council of Ukraine, stated this in her speech at the Iosyp Bronz Forum on Criminal Law and Procedure in Odesa.
Thus, among the problems of the functioning of the Bar under martial law, she mentioned the attempts of some people to level the defense function and the protective principle in general. This refers to cases when lawyers are harassed through the media for providing legal assistance to those who are not supposed to be defended, namely, traitors, prisoners of war, military personnel, officials of the Ministry of Defense, suspects of corruption crimes, etc. Such an attitude is a clear violation of human rights guaranteed by the Ukrainian Constitution.
We want to remind you that one of the guarantees of the practice of law enshrined in the Law «On the Bar and Practice of Law» is the prohibition of identifying a lawyer with a client. But today, there are numerous cases of violation of this guarantee. The UNBA believes this poses a threat to the functioning of the Bar and the development of Ukraine as a state governed by the rule of law. International partners are also paying attention to this problem. The Verkhovna Rada supported the UNBA's initiative to establish administrative liability for violating the prohibition on identifying a lawyer and a client. The relevant draft law was registered in the Parliament on May 21 under No. 11279.
Another challenge of today, Ms. Izovitova said, is the reservation from conscription to the army of attorneys. Despite numerous appeals of the association to fellow MPs and legislative proposals, the final version of Law No. 3633-IX of 11.04.2024, «On Amendments to Certain Legislative Acts of Ukraine on Certain Issues of Military Service, Mobilization and Military Registration», left out the advocates from the professions entitled to reservation.
The UNBA president noted that the state provided for the reservation of judges, prosecutors, pre-trial investigation, and law enforcement officers but left out advocates, who are also part of the justice system under the Constitution. This actually jeopardizes the proper functioning of one of the branches of government.
Lawyers perform a crucial constitutional function of protecting Ukrainian citizens in the state. The Constitution guarantees everyone the right to professional legal assistance. In cases provided for by law, this assistance is free. This right, enshrined in Article 59 of the Basic Law, is not subject to restrictions, even under martial law. For the proper realization of this right, Ukraine has the institution of the Bar. Only a lawyer can represent another person in court and provide a defense against criminal charges.
The Ukrainian National Bar Association has repeatedly expressed the position that the procedure for reserving persons liable for military service, as defined by Article 25 of the Law «On Mobilization Training and Mobilization», should provide for the reservation of lawyers as persons who are part of the organization of the justice system.
Popular news
War
Are Europe's advocacy associations prepared for a potential war? V. Gvozdiy shared lessons from the Ukrainian experience
The continuity of the bar’s self-governance, the protection of professional registries and archives, as well as equal guarantees of employment for advocates, judges, and prosecutors must be enshrined in advance in legislation in the event of war or another emergency.
Educational events
How DISC helps manage «tigers», «monkeys», «elephants» and «turtles»
The same instruction from a manager may motivate one employee to take action, while leaving another without the necessary guidance. People perceive work tasks differently: for some, a deadline and the expected outcome are enough, while others need explanations, time or a detailed plan.
Legislation
The Verkhovna Rada is preparing a bill to implement the Convention on the Protection of the Professions of Lawyer
Members of Parliament plan to introduce a bill in the near future to implement the main provisions of the Council of Europe Convention on the Protection of the Professions of Lawyer. This parliamentary initiative may also prompt the government to expedite the preparation of the ratification package.
Educational events
What an advocate should consider when a fee dispute escalates into a complaint to the QDBC
If an advocate files a lawsuit seeking to recover fees from a client, the client may in turn file a complaint with the High Qualification and Disciplinary Commission of the Bar in an effort to compel the advocate to withdraw the lawsuit. How do the advocacy’s disciplinary bodies handle such cases?
Edition
Veteran-advocates returning to the practice of law: the UNBA has prepared recommendations
Military service is incompatible with the practice of law; therefore, an advocate suspends their practice for the duration of their service. However, upon returning, they must reinstate their right to practice law, refresh their knowledge and reestablish their organizational and digital processes.
Educational events
Energy, focus and priorities: how an advocate should plan their day
A rigid workday schedule becomes irrelevant when your routine depends on air raid alerts and disrupted sleep caused by nighttime explosions. Under such conditions, advocates should assess the resources they can actually manage.
Greetings
The UNBA honored the winners of the «In the language of prose» contest and opened a fashion exhibition
The competition was organized by the UNBA Committee on humanitarian issues and creative initiatives in cooperation with the Center for advocacy and legal research. Two dozen advocates from various regions of Ukraine submitted their works to the competition committee for consideration. The entries were evaluated based on originality, the relevance of the chosen topic and the level of technical skill.
Discussion
What is holding back funding for gas-fired power generation – discussion between businesses and banks at the UNBA
To provide loans for new gas-fired power generation projects, banks require a predictable cash flow, an investor’s equity contribution, and risk-sharing mechanisms. A business model that relies solely on a preferential gas price is not a sufficient basis for financing.
Publications
Vasyl Kolishnyi, «Law and Business» Supporting mental health should become part of the professional culture of the Bar, - H. Udovenko
Volodymyr Matsko Extradition during wartime: when the risks outweigh the request
Volodymyr Matsko Extradition as a systemic form of rights violations
Victoria Yakusha, Law and Business The anti-corruption vertical cannot «take care» of the Bar as an institution, - acting head of the HQDCB
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
