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

Advocacy
13:44 Tue 27.08.24 734 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

Efforts to develop advocacy must be brought to fruition — A. Misyats

Self-government

Efforts to develop advocacy must be brought to fruition — A. Misyats

The Ukrainian advocacy profession is currently going through a critical phase. Amid the war, it must ensure the continuity of legal aid, defend the independence of the profession, and improve qualification and disciplinary procedures in accordance with European standards. The work that has been started must be brought to a practical conclusion.

20:32 Fri 18.09.26 104
Protecting the legal profession, cybersecurity and support for advocates: common themes for the IBA and the UNBA

Support

Protecting the legal profession, cybersecurity and support for advocates: common themes for the IBA and the UNBA

On September 18, a working meeting was held at the office of the Ukrainian National Bar Association with Executive Director of the International Bar Association (IBA) Mark Ellis. The parties discussed the Ukrainian advocacy profession’s participation in European legal processes, the protection of the UNBA’s digital infrastructure, psychological support for advocates and future areas of cooperation.

19:46 Fri 18.09.26 147
Tax residency of Ukrainians abroad: what matters

Educational events

Tax residency of Ukrainians abroad: what matters

The determination of tax residency for Ukrainians who have been living abroad for an extended period depends on the combination of their personal and economic ties to each country. The established status determines the procedure for reporting income, paying taxes and fulfilling CFC reporting obligations.

18:19 Thu 17.09.26 133
Are Europe's advocacy associations prepared for a potential war? V. Gvozdiy shared lessons from the Ukrainian experience

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.

9:42 Mon 14.09.26 189
Payments to military personnel require clear and uniform criteria — UNBA Committee

Legal defence of military personnel

Payments to military personnel require clear and uniform criteria — UNBA Committee

The vagueness of terms in subordinate regulatory acts leads to differing interpretations of the grounds for paying additional compensation to military personnel. The UNBA has proposed harmonizing these acts and establishing transparent criteria for the allocation of funds.

16:45 Wed 09.09.26 125
The CEC has recognized Andriy Misyats as an elected member of the Ukrainian parliament

Other

The CEC has recognized Andriy Misyats as an elected member of the Ukrainian parliament

The Central Election Commission has adopted a decision recognizing Andriy Misyats as an elected People’s Deputy of Ukraine. He is currently serving as acting chairman of the High Qualification and Disciplinary Commission of the Bar.

11:16 Mon 07.09.26 101
Former CCBE President James MacGuill has passed away

Tragic news

Former CCBE President James MacGuill has passed away

The Ukrainian National Bar Association expresses its condolences on the passing of James MacGuill — a renowned Irish advocate and former president of the Law Society of Ireland and the Council of Bars and Law Societies of Europe (CCBE).

10:27 Mon 07.09.26 132
The EU is preparing to accede to the Convention on the Protection of the Professions of Lawyer

Abroad

The EU is preparing to accede to the Convention on the Protection of the Professions of Lawyer

The European Union has been officially invited to become a party to the Council of Europe Convention on the Protection of the Professions of Lawyer as an international organization. The European Commission is already preparing draft decisions regarding the signing of the international treaty and subsequent accession to it.

16:22 Fri 04.09.26 101

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

Оберіть файл