Some TCCs have become «territories without advocacy» - Lidiya Izovitova

Advocacy
13:39 Mon 09.12.24 675 Reviews
Print

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

A translation of the report on advocacy presented to the European Parliament has been published

European integration

A translation of the report on advocacy presented to the European Parliament has been published

A translation of a research report on the Ukrainian advocacy profession in wartime, previously presented to the European Parliament in Brussels, has been published. The document is presented as a basis for discussion on the rule of law, Ukraine's European integration aspirations, and countering Russian disinformation in the legal sphere.

16:54 Mon 23.02.26 112
The Verkhovna Rada Committee criticized the format of the government working group on advocacy

Legislation

The Verkhovna Rada Committee criticized the format of the government working group on advocacy

The implementation of the Roadmap on the rule of law (approved by Cabinet of Ministers Resolution No. 475-r of May 14, 2025) in relation to advocacy raises the practical question of who exactly should prepare legislative changes and how.

17:48 Fri 20.02.26 120
The BCU demands a review of the composition of the government working group on reforming the advocacy profession

Self-government

The BCU demands a review of the composition of the government working group on reforming the advocacy profession

The President of the UNBA, BCU Lidiya Izovitova, appealed to the Cabinet of Ministers of Ukraine to review the composition of the working group on improving legislation in the field of advocacy and legal practice.

18:42 Thu 19.02.26 145
The President has determined, who will sign the Convention for the Protection of the Profession of Lawyer

Guarantees of the practice of law

The President has determined, who will sign the Convention for the Protection of the Profession of Lawyer

President of Ukraine Volodymyr Zelenskyy authorized Ukraine's Permanent Representative to the Council of Europe Mykola Tochytskyi to sign the Council of Europe Convention for the Protection of the Profession of Lawyer.

18:21 Wed 18.02.26 112
Why lowering the age of marriage lacks legal logic

Discussion

Why lowering the age of marriage lacks legal logic

Although until 2012 there was a provision in family law that allowed children to marry from the age of 14 under certain circumstances, its return to Ukrainian law would contradict international obligations and the logic of criminal law.

15:03 Wed 11.02.26 398
Open dialogue between the UNBA and the European Commission on the path to EU

European integration

Open dialogue between the UNBA and the European Commission on the path to EU

The Ukrainian National Bar Association held a working meeting in Brussels with Mr Wolfgang Nozar, Head of Unit for Governance, Rule of Law and Financial Assistance, Directorate-General for Enlargement and Eastern Neighbourhood (DG ENEST), European Commission.

18:41 Fri 06.02.26 153
A report on Ukrainian advocacy was presented in the European Parliament

Self-government

A report on Ukrainian advocacy was presented in the European Parliament

Can a shadow report on advocacy replace the political framework of the Roadmap on the rule of law with demands for the restructuring of self-government? Where is the line between accountability and the seizure of institutions? And how can we respond to narratives with data rather than impressions?

15:28 Fri 06.02.26 382
UNBA and Ukraine's representation to the EU have synchronized their priorities

European integration

UNBA and Ukraine's representation to the EU have synchronized their priorities

On February 5, in Brussels, the President of the UNBA, BCU Lidiya Izovitova held a working meeting with the Ambassador Extraordinary and Plenipotentiary of Ukraine, Representative of Ukraine to the European Union Vsevolod Chentsov.

20:19 Thu 05.02.26 156

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

Оберіть файл