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.

During the working meeting, Yevhen Solodko, Chairman of the UNBA Committee on Protection of Advocates' Rights and Guarantees of Practice of Law, told Lidiya Izovitova, the President of the UNBA, BCU.

In almost all regions of the country, there are cases when advocates are not allowed to see their clients under false pretenses, are forced to refuse to defend or provide legal aid, and are threatened and abused.

At the same time, the very activity of a lawyer in providing professional legal aid, which is guaranteed by the Constitution of Ukraine, is perceived and presented as facilitating criminal activity and obstructing the normal work of state bodies.

The most widespread violations occurred during mobilization procedures, when, on the instructions of the command, lawyers are not allowed to enter the premises of the TCC with clients who are liable for military service and are being provided with legal aid. In particular, the employees refer to the Law «On the Legal Regime of Martial Law», Article 8 of which authorizes the military command, together with military administrations, to introduce and implement, within the limits of temporary restrictions on constitutional rights and freedoms of man and citizen, measures of the legal regime of martial law, including the right to restrict the freedom of movement of citizens.

In this regard, it should be borne in mind that everyone's right to professional legal assistance, which is guaranteed by the Constitution, was not restricted during the introduction of martial law in Ukraine. And the obligation to ensure the implementation of this guarantee in accordance with the Constitution is entrusted to the Bar. Therefore, when providing assistance to a client, a lawyer does not exercise freedom of movement, but fulfills a constitutional duty.

Due to the systematic nature of these and other violations, the UNBA Committee on Protection of Advocates' Rights and Guarantees of Legal Practice plans to prepare a number of appeals to the Minister of Defense of Ukraine and the Commander of the Armed Forces of Ukraine, as well as statements to law enforcement agencies about the commission of crimes (in cases where the violations have acquired signs of public danger) to take measures in accordance with their competence.

The Criminal Code of Ukraine contains three corpus delicti related to the violation of the rights of lawyers and guarantees of their activities, namely:

• interference with the activities of a defense counsel or representative of a person (Article 397);
• threat or violence against a defense counsel or representative of a person (Article 398);
• intentional destruction or damage to the property of a defense counsel or representative (Article 399).

As a reminder, recently the Volyn TCC stated that lawyers should not interfere in the processes of mobilization and military medical examination. This statement was immediately commented on by the Ukrainian Parliament Commissioner for Human Rights and the UNBA. After the UNBA's intervention, the TCC stated that it did not intend to restrict the rights of lawyers or deprive citizens of the constitutional right to defense in any way, and promised to create a special place for meetings between lawyers and persons liable for military service.