The Constitution is the same in TCCs and outside them, - the Secretary of the BCU on the rules for lawyers
The Land Forces of the Armed Forces of Ukraine are working to eliminate shortcomings in the work of territorial recruitment and social support centers. In particular, they want to create rules for lawyers who defend people liable for military service.
Vitaliy Sarantsev, a spokesman for the Land Forces Command of the Armed Forces of Ukraine, shared these plans in an interview with Hromadske.
«For example, we are now initiating (and we have already had the first meeting with the Ukrainian Bar Association) the development of clear rules for lawyers and military personnel of the military commissariat», - he said, speaking about establishing a dialogue between the military and society.
«It should be noted that there are both certain abuses by lawyers and a certain misunderstanding of their work by the representatives of the TCC, - explained V. Sarantsev. – «That is why we are now developing such common rules that are understandable to all. But it is important to emphasize that these rules must be followed by both parties».
The military official also repeated this thesis on Radio Liberty: «We also want to prescribe rules for this category that protect the rights of persons liable for military service on certain issues. We also need to put things in order, to prescribe a certain set of rules. And these rules, of course, should be binding on both sides. Because there are certain unacceptable situations that, unfortunately, lead to conflicts. We have already had preliminary meetings with representatives of the National Bar Association. There we expressed our desire to take these steps, we received support from them, and now we are jointly developing these rules that will allow us to streamline this process», - he said.
However, the National Bar Association of Ukraine, which by law represents the Ukrainian bar in relations with the state authorities, has not heard of such an initiative. No meetings on this issue have been held either.
«According to the Constitution, everyone has the right to professional legal assistance. And the bar operates to provide it. This constitutional human right has not been restricted and is fully effective even during martial law, - said Ihor Kolesnikov, Secretary of the Bar Council of Ukraine. - And, as far as I know, the Constitution of Ukraine, as well as the rights guaranteed by it, are the same in the premises of any TCC and outside it».
The UNBA representative does not see the need to develop any additional rules of conduct for attorneys. After all, everything is sufficiently regulated by the law, which must simply be followed.
«The work of a lawyer, his or her rights and obligations are fully regulated by the Law «On the Bar and Practice of Law». It also clearly defines the disciplinary procedure in case a lawyer violates the law or the Rules of Professional Conduct, - said I. Kolesnikov. - Today, qualification and disciplinary commissions of the Bar monitor compliance with the rules common to all lawyers. And they can be contacted by anyone who knows the facts of unethical behavior of our colleagues».
«So let's just comply with the current rules and respect the rights and legitimate interests of persons liable for military service», - summarized the Secretary of the BCU.
The relevant letter of clarification on these issues was also sent to the Land Forces Command.
As a reminder, Lidiya Izovitova, the President of the UNBA, BCU spoke about the problems of lawyers' activities under martial law during her speech at the International Human Rights Conference «Decade 2014-2024. Winning back human rights. Preserving Democracy». She spoke about the existing practice of preventing lawyers from seeing citizens in TCCs or blocking their work, detaining lawyers, serving summonses while performing their professional duties, and intimidation. At the same time, some TCCs consider themselves «territories without the bar» because police and investigative teams do not even visit them.
However, the TCCs themselves refuse to acknowledge any problems with the provision of legal aid by lawyers during mobilization.
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
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.
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.
Greetings
Congratulations on the anniversary of the establishment of the Ukrainian National Bar Association
November 17 marks the thirteenth anniversary of the establishment of the Ukrainian National Bar Association, a professional self-governing organization that has united advocates from all regions of the country into a single independent institution.
Guarantees of the practice of law
10 changes necessary for the implementation of the Convention on the protection of the profession of advocate
Most of the standards enshrined in the Convention on the protection of the profession of advocate have already been implemented in Ukrainian legislation. At the same time, in order to ensure a higher level of guarantees for the independence of advocacy, certain amendments should be made to the codes and the relevant law.
Guarantees of the practice of law
L. Izovitova: today advocacy maintains its independence and fights for guarantees for the profession
The Ukrainian advocacy remains an independent, constitutionally recognized institution of justice, which, in the conditions of war, has not only retained its subjectivity, but also consistently fights for guarantees to protect the profession.
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