Some TCCs have become «territories without advocacy» - Lidiya Izovitova
If the prosecution does not like the position of the lawyer, it resorts to pressure, including through territorial centers for recruitment and social support. Physical pressure, accusations of treason, mobilization - all this can be a reaction of the authorities to an active defense.
Lidiya Izovitova, the President of the Ukrainian National Bar Association and the Bar Council of Ukraine, spoke about the problems of lawyers' activities under martial law in her speech at the International Human Rights Conference «Decade 2014-2024. Winning back human rights. Preserving Democracy».
In particular, she recalled that simultaneously with the introduction of martial law (Decree of the President of Ukraine of February 24, 2022 №64/2022), the possibility of restricting a number of constitutional human rights was introduced. However, these restrictions did not affect the right to professional legal assistance, the right of a suspect or accused person to a defense (Articles 59 and 63 of the Constitution). And the bar is responsible for ensuring the realization of these rights (Article 131-2 of the Constitution).
At the same time, there is a practice of preventing lawyers from seeing citizens in the TCC or blocking their work. In particular, the UNBA head reported numerous cases of detention of lawyers, serving of summonses while performing their professional duties, and intimidation. She cited a recent example when a Kyiv lawyer who was providing legal assistance to a client in the TCC was not allowed to leave the premises and was subjected to moral pressure. The situation was resolved after the Bar Council and the police intervened.
According to L. Izovitova, some TCCs consider themselves «territories without the bar» because police and investigative teams do not even visit them.
Cases of violation of the rights of lawyers by TCC officials have become systemic. Advocates are often met with a summons to clarify their credentials or undergo a preliminary examination, which is essentially a covert way of obstructing their professional activities.
It also seems that the prosecution sometimes uses the «services» of the TCC. After all, representatives of military structures come to searches or courtrooms and serve summonses to lawyers there.
A separate problem is the defense of military personnel in cases where access to information constituting a state secret is required, and therefore lawyers are denied both access and admission.
The President of the UNBA, BCU also noted that lawyers who perform their professional duties in good faith are now subject to condemnation, unfair criticism, hatred and harassment. The reason is that society has formed an expectation that war criminals and other unacceptable criminals do not deserve protection and legal aid. It is believed that a patriotic lawyer should not defend such people, otherwise he or she becomes the same.
For many years, the Ukrainian National Bar Association has been defending its members when they are identified with their clients in publications, during political debates and discussions, - noted L. Izovitova. The position of the Ukrainian National Bar Association remains unwavering despite all the circumstances: the rule of law must be respected.
The conference, which was dedicated to Human Rights Day, was attended by representatives of government agencies, international organizations, human rights defenders and ombudsmen from around the world. Ukrainian lawyers were represented at the event by the UNBA Secretary Igor Kolesnikov, UNBA member Hanna Lazarchuk, Chairman of the UNBA Committee on Investment and Privatization Andriy Shabelnikov, Chairman of the UNBA Committee on Legal Practice Bohdan Kushnir and Head of the UNBA Secretariat Vadym Krasnyk.
Popular news
Advocacy
The annual fee of an advocate in 2025: The BCU has changed the distribution
In 2025, the annual contribution to the bar self-government will continue to be one subsistence minimum for able-bodied persons (UAH 3,028, according to the Law on the State Budget). At the same time, its distribution will change.
Advocacy
Some TCCs have become «territories without advocacy» - Lidiya Izovitova
If the prosecution does not like the position of the lawyer, it resorts to pressure, including through territorial centers for recruitment and social support. Physical pressure, accusations of treason, mobilization - all this can be a reaction of the authorities to an active defense.
Advocacy
Lidiya Izovitova: The Law on the Bar is a part of Ukraine's European integration path
The current Law of Ukraine «On the Bar and Practice of Law» is the most modern law on the bar in Europe. Since it embodies European standards of legal profession and self-government, its adoption, among other things, allowed the signing of the Association Agreement with the EU in 2014.
Advocacy
UNBA website adapted to the needs of the visually impaired
On the occasion of the International Day of Persons with Disabilities, which is celebrated on December 3, the official website of the Ukrainian National Bar Association has become convenient for viewing information by those citizens with poor eyesight.
Advocacy
We know the value of our self-government: L. Izovitova congratulated on the 12th anniversary of UNBA
On November 17, 2024, the Ukrainian National Bar Association, a professional organization that unites all Ukrainian lawyers, will celebrate its 12th anniversary.
Advocacy
The shadow dissipates after a real study, - L. Izovitova on the «report» on the advocacy
The shadow report of the coalition of NGOs on the state of affairs in Ukraine and the European Commission's report, which contain sections on the bar, were prepared without the participation of the UNBA, the only professional organization of lawyers in Ukraine. Therefore, there are doubts about the objectivity and reliability of the information provided.
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.
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.
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…