Everyone deserves protection, the Bar fulfills this requirement of the Constitution

Advocacy
13:44 Tue 27.08.24 258 Reviews
Print

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

URAU opens emails of lawyers

Advocacy

URAU opens emails of lawyers

Information on the e-mail addresses of advocates posted in the Unified Register of Advocates of Ukraine has been made publicly available.

15:13 Mon 21.10.24 158
Electronic warrant proposed to be enshrined in law

Advocacy

Electronic warrant proposed to be enshrined in law

The warrant can be generated in the Personal Account of the Advocate on the official website of the Ukrainian National Bar Association and signed by applying the advocate's electronic digital signature.

16:46 Tue 15.10.24 184
V. Gvozdiy told his Finnish colleagues about the experience of the Bar during the war

Advocacy

V. Gvozdiy told his Finnish colleagues about the experience of the Bar during the war

Finland, which has about 1,300 kilometers of land border with Russia, joined NATO in April 2023. However, bordering on an aggressive neighbor obviously leaves the risks of conflict and even war relevant. Therefore, Finnish lawyers are interested in the experience of their Ukrainian colleagues in organizing work under martial law.

20:36 Fri 11.10.24 256
AI regulation in Ukraine: what has already been done

Advocacy

AI regulation in Ukraine: what has already been done

As part of the three-year Roadmap for the Regulation of Artificial Intelligence in Ukraine, the Ministry of Digital Transformation of Ukraine presented a White Paper that provides specific tools for businesses to use AI.

17:13 Fri 04.10.24 181
UNBA to file criminal complaints about violations of advocates' rights

Advocacy

UNBA to file criminal complaints about violations of advocates' rights

Recently, the UNBA has received more frequent appeals about violations of the rights of lawyers and guarantees of the practice of law. Including by employees of the territorial centers of recruitment and social support. Some of the facts contain signs of a crime.

17:38 Thu 26.09.24 354
An extract from the URAU will be available in your personal account

Advocacy

An extract from the URAU will be available in your personal account

Starting Monday, September 23, lawyers will be able to independently generate extracts from the Unified Register of Advocates of Ukraine through their personal electronic account on the website of the Ukrainian National Bar Association.

19:23 Fri 20.09.24 257
A Register of Administrative Proceedings on Lawyers' Complaints to Be Established in Ukraine

Advocacy

A Register of Administrative Proceedings on Lawyers' Complaints to Be Established in Ukraine

All cases of unlawful refusal to provide information at the request of lawyers, the requests of the QDCB, their chambers or members will be recorded in the Register of applications (appeals) on administrative offenses. The relevant terms of reference have already been submitted to the IT service for implementation.

18:49 Fri 20.09.24 291
The shadow report on justice will be evaluated at the BCU

Advocacy

The shadow report on justice will be evaluated at the BCU

Recently, the so-called Shadow Report to the Justice and Fundamental Rights section of the European Commission's Report on Ukraine was published, prepared by a coalition of NGOs led by the Agency for Legislative Initiatives with the support of the European Union's Pravo-Justice Project and other NGOs.

18:13 Fri 20.09.24 204

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

Оберіть файл