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
URAU
Access to advocate contacts in URAU has been restored
The Bar Council of Ukraine has opened up public access to data from the Unified Register of Advocates of Ukraine, which was closed at the start of the full-scale invasion in 2022. The decision was made at a meeting on December 12–13.
Self-government
Members of the QDCB are not required to submit declarations - BCU
Bar Council of Ukraine examined the legal status of members of bar self-government bodies and found that they are not required to submit declarations of persons authorized to perform functions of state or local self-government.
Self-government
BCU has identified 12 areas for implementing the Roadmap for advocacy
During its meeting on December 12, the Bar Council of Ukraine considered the Roadmap on the Rule of Law, approved by Order of the Cabinet of Ministers of Ukraine No. 475-r dated May 14, 2025. The document provides for the development and adoption of a draft law on improving the legal regulation of advocacy by the fourth quarter of 2026.
Guarantees of the practice of law
The Ombudsman acknowledged the problem of violation of the human right to legal aid in the TCC
The Verkhovna Rada Commissioner for human rights Dmytro Lubinets confirmed the existence of a problem with ensuring the constitutional right to professional legal assistance in territorial recruitment and social support centers.
Discussion
Why preventive measures have turned into preventive punishment in Ukraine: round table discussion
The European approach, enshrined in the CPC, provides for detention as an exceptional preventive measure: courts must prove the impossibility of milder alternatives and carefully assess the risks. In practice, however, it is increasingly being applied almost automatically, eroding standards of freedom.
Guarantees of the practice of law
The UNBA presented a report on violations of advocates' rights in the TCC
The Committee for the protection of advocate's rights and guarantees of legal practice of the UNBA has prepared a consolidated report on violations of advocate's professional rights and guarantees of legal practice by territorial recruitment and social support centers for the period from 2022 to the first half of 2025.
Self-government
Statement by the UNBA Committee regarding manipulative journalistic material
Statement by the UNBA Committee on information policy and interaction with the media regarding manipulative journalistic material aimed at discrediting the advocacy institution.
Guarantees of the practice of law
Dispute over fees: BCU explained the possibility of disclosing information subject to advocate-client privilege
In certain cases, an advocate may be exempt from the obligation to maintain attorney-client privilege. The Bar Council of Ukraine considered a practical situation in which an advocate needed to transfer documents prepared while working with a previous client to a colleague in order to protect his own rights in court.
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