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.
Popular news
Advocacy
The UNBA is studying additional opportunities to support advocates
The full-scale invasion has seriously affected the mental health of all Ukrainians. There are certain vulnerable groups that have been most affected by the war in their personal and professional lives, including lawyers.
Advocacy
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.
Advocacy
The peculiarities of publishing decisions of the QDCB were explained by the BCU
According to the Law on Access to Public Information, managers of such information are obliged to publish the acts they adopt. At the same time, the decisions made by the qualification and disciplinary commissions of the bar contain both attorney-client privilege and personal data.
Advocacy
Public perception of the role of lawyers is a global problem, - V. Gvozdiy
«Statements and actions that undermine confidence in the independence of the legal profession and potentially threaten the safety of lawyers ultimately undermine confidence in the entire justice system and the rule of law. No lawyer should be attacked for doing their job».
Advocacy
UNBA comments on lawyers' «interference» in mobilization processes
Recently, after another scandal, the Volyn Regional Territorial Center for Recruitment and Social Support stated that lawyers should not interfere with the processes of mobilization and military medical examination. The statement has already been commented on by the National Bar Association of Ukraine.
Advocacy
HCJ engages Valentyn Gvozdiy to develop measures to ensure judicial independence
Valentyn Gvozdiy, Vice President of the Ukrainian National Bar Association and the Bar Council of Ukraine, was appointed to the working group on the development and implementation of measures to ensure the independence of judges and the authority of justice.
Advocacy
Use of legal remedies is not pressure – BCU
Lidiya Izovitova, the President of the UNBA, BCU appealed to the Prosecutor General's Office and the Council of Prosecutors of Ukraine regarding the inadmissibility of pressure on lawyers who use legal means of defense in the framework of providing legal aid.
Advocacy
The Council of Europe supports the development of UNBA
The Council of Europe Office in Ukraine will provide all possible support for the development of the Ukrainian National Bar Association and its initiatives for the benefit of Ukrainian society.
Publications
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
Lydia Izovitova Interview with Lydia Izovitova on the occasion of the 8th anniversary of the founding of UNBA: We are the voice of t…