Legal aid during mobilization: TCC sees no problems
The military authorities claim that the training center or distribution center is not a place of detention. There is normal (taking into account the regime) access, including for lawyers. But practice shows the opposite.
«People do not always understand what the TCC is responsible for, what they are entitled to, what they are not entitled to, what their rights are, what their responsibilities are, where there are violations and where there are no violations», - said Maryna Holub, a representative of the Communications Department of the Land Forces Command. To clarify these issues, the press conference «Rights and Responsibilities of Citizens in Mobilization Issue» was organized.
Answering journalists' questions, Larysa Kozak, deputy head of the Territorial Center for Recruitment and Social Support, head of the mobilization department of the Holosiivskyi district of Kyiv, denied that the TCCs create any problems in the communication of persons liable for military service.
«A training center or distribution center is not a place of detention. There is a normal admission there, of course, subject to certain restrictions (regimes). But relatives and friends come there, and even lawyers arrive, and full professional legal assistance is provided there, - she noted. - If we are talking about this stage, when they are at the distribution point until they are sent to basic general military training, this is not a place where they are deprived of their liberty or someone is illegally detained and not allowed to go».
Other questions that the TCC representative answered during the event included legislative aspects, notification procedures, police participation in mobilization activities, the problems of so-called busification and mobile checkpoints. The participants also discussed the protection of the rights of the mobilized, including access to communication and the provision of domestic needs. In addition, they explained the peculiarities of mobilization for certain categories of citizens, including those with reservations and people aged 50+. Particular attention was paid to the role of recruiting centers and the possibility of recruiting directly to military units, which avoids applying to the TCC.
However, it seems that the military authorities do not see (or do not want to see) the blatant violations of citizens' rights during mobilization. Including when it comes to the right to professional legal assistance guaranteed to everyone by the Constitution of Ukraine.
We recently mentioned the incident in Kharkiv with lawyer Yulia Palagina. When she began to record violations of her client's rights in the premises of the military medical commission, the lawyer was pushed out of the room by physical force and her belongings were thrown away.
Recently, a similar case occurred in the city of Bucha, Kyiv region. Mariia Naselenko came to the district TCC to provide legal assistance to a person liable for military service who was called in to clarify his information. However, she was not allowed to see her client and was prevented from confidential communication. The lawyer filed a report on the commission of a crime under Article 397 (Interference with the activities of a defense counsel or representative of a person) of the Criminal Code.
When M. Neselenko came back to the TCC the next day, a conflict arose between her and the TCC representatives. One of the officials, according to the lawyer, began to twist her arm, shouting that video recording in the TCC was prohibited. He pushed the woman against the wall, hitting her back and head against the wall.
As a result, the lawyer was hospitalized. She lost her ability to work, and her practice of law was temporarily suspended due to her physical and emotional condition.
The Bar Council of the Kyiv Region reported a violation of the rights of their colleague. The situation has signs of the following criminal offenses
- obstruction of the activities of a lawyer (Article 397 of the Criminal Code), which manifested itself in the denial of access to a client, violent acts and violation of the lawyer's secrecy
- intentional infliction of blows and beatings (Article 126 of the Criminal Code);
- abuse of power (Article 364 of the Criminal Code).
The Bar Council of the region has already appealed to the State Bureau of Investigation to conduct an immediate investigation. The evidence includes medical certificates, a statement by the lawyer herself, and evidence of other offenses by TCC employees.
More information about this situation is available here.
Popular news
Practice of law
BCU strengthens its position on the right of advocate to prioritize cases
In legal practice, it is not uncommon for court hearings in different cases to be scheduled at the same time. This raises the question: which case should the advocate attend first, and can the court interfere with this decision?
Edition
Advocate or lobbyist? The UNBA has presented a guide to distinguishing between the professions
The Ukrainian National Bar Association has prepared a guide that helps distinguish between the legal status of an advocate and a lobbyist, explains the limits of permissible activities for each, and prevents possible violations of ethical and legal standards when participating in public policy-making.
Announcements
Essay contest on the synergy of human and artificial intelligence in diplomacy has begun
The Educational and Scientific Institute of International Relations at Taras Shevchenko National University of Kyiv invites students from higher education institutions in Ukraine to participate in the Second All-Ukrainian essay competition on the topic «Modern Ukrainian diplomacy: synergy of human and artificial intelligence in defending national interests».
Abroad
Where is the line between respect for the court and the dignity of an advocate?
Ukrainian advocates sometimes complain about condescending attitudes or tactless remarks from judges. But such conflicts are not unique to Ukraine. In various countries, advocates raise issues of communication culture in court, mutual respect, and the inadmissibility of humiliating participants.
Discussion
Occupational safety during wartime: legal risks and employer liability
On October 21, the National Bar Association of Ukraine held a round table discussion on «Occupational safety in conditions of martial law». Participants discussed how the war has changed the requirements for safe working conditions, what guarantees remain for employees, and what responsibility employers bear for violations of legislation in this area.
Abroad
The Czech advocacy has spoken out in defense of the professional independence of its Ukrainian colleagues
The Czech Bar Association (Česká advokátní komora, ČAK) will appeal to Ukrainian President Volodymyr Zelenskyy and Ukrainian authorities to ensure the preservation of the independence of advocacy in Ukraine.
Legal defence of military personnel
When agreement is (im)possible: family disputes involving military personnel
The number of family cases involving military personnel is growing, with the most common issues being divorce, division of joint property, alimony, deprivation or contestation of parental rights, adoption, establishment of guardianship, and cases related to domestic violence.
Self-government
Marina Stavniychuk: The UNBA is a professional organization, not a monopoly
A unitary state requires uniform standards for access to the profession and disciplinary responsibility, which is why the Ukrainian National Bar Association acts as a professional organization. Accusations of monopoly are false, because public associations cannot replace professional self-government.
Publications
Censor.net Protecting advocates – protecting justice: addressing concerns about the new law
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