The BCU defended 36 lawyers accused by the TCC of disrupting mobilization

Advocacy
19:18 Fri 21.02.25 1465 Reviews
Print

The actions of the lawyers described in the appeal of the Bucha District Territorial Center for Recruitment and Social Support as unlawful offenses are in fact the exercise of legal powers related to the provision of professional legal assistance to clients - citizens of Ukraine who are liable for military service.

This statement was made by the Bar Council of Ukraine during a meeting held on February 21 in Uzhhorod in response to the TCC's appeal dated 18.02.2025 No. 8/953 to the Security Service of Ukraine, the Prosecutor General of Ukraine, the State Bureau of Investigation on «unacceptable anti-state activism among lawyers aimed at disrupting mobilization», which was also received by the Ukrainian National Bar Association.

The appeal contains information about 36 lawyers who are accused by the territorial recruitment centers (TRCs) of committing a number of offenses, referring to their use of the provisions of Article 21 of the Law of Ukraine «On the Bar and Practice of Law» (on professional duties of lawyers).

According to the representatives of the TCC, lawyers allegedly illegally enter the restricted territory of the TCC, using force and threats against military personnel, demanding documents, filing complaints against illegal actions of TCC officials, appealing against decisions of military medical commissions and questioning the legality of decisions and actions of TCC representatives.

Although the Appeal does not contain any evidence or supporting documents, the TCC sees in the actions of the lawyers signs of crimes aimed at disrupting the mobilization process and creating conditions for evasion of conscription.

At the same time, such actions of lawyers are part of their legitimate professional activities aimed at ensuring the rights and legitimate interests of persons liable for military service in accordance with the current legislation of Ukraine.

The Bar Council of Ukraine reminded that according to Article 59 of the Constitution, everyone has the right to professional legal assistance, and this right was not restricted under martial law, so it should be ensured by lawyers in full.

The state, in particular the territorial recruitment centers, is obliged to provide appropriate conditions for the practice of law. This includes the provision of legal information, consultations and explanations on legal issues, as well as legal support for persons liable for military service. At the same time, the TCC has an obligation to ensure strict compliance with the legal guarantees of the practice of law enshrined in the legislation of Ukraine.

Taking into account the above legislative provisions, the Bar Council of Ukraine has concluded that the actions of advocates, which the TCC qualifies as an offense, are in fact the exercise of their legal powers. They are carried out within the framework of providing professional legal assistance to clients - citizens of Ukraine who are liable for military service and comply with the guarantees of the practice of law enshrined in the legislation.

In turn, the content of the Appeal of the Bucha District Territorial Center for Recruitment and Social Support is evidence of a gross violation of the constitutional rights of citizens and contains signs of unlawful interference with the activities of advocates.

Any creation of obstacles to the legitimate practice of law, violation of the guarantees of the Practice of Law established by law or disclosure of professional secrets is a criminal offense. Liability for such offenses is provided for in Article 397 of the Criminal Code of Ukraine.

The statement of the Bar Council of Ukraine will be sent to the Commander of the Land Forces of the Armed Forces of Ukraine, the Chairman of the Verkhovna Rada and heads of specialized parliamentary committees, the Head of the Security Service of Ukraine, heads of appellate courts and the Parliamentary Commissioner for Human Rights.

Popular news

Are Europe's advocacy associations prepared for a potential war? V. Gvozdiy shared lessons from the Ukrainian experience

War

Are Europe's advocacy associations prepared for a potential war? V. Gvozdiy shared lessons from the Ukrainian experience

The continuity of the bar’s self-governance, the protection of professional registries and archives, as well as equal guarantees of employment for advocates, judges, and prosecutors must be enshrined in advance in legislation in the event of war or another emergency.

9:42 Mon 14.09.26 140
How DISC helps manage «tigers», «monkeys», «elephants» and «turtles»

Educational events

How DISC helps manage «tigers», «monkeys», «elephants» and «turtles»

The same instruction from a manager may motivate one employee to take action, while leaving another without the necessary guidance. People perceive work tasks differently: for some, a deadline and the expected outcome are enough, while others need explanations, time or a detailed plan.

11:22 Tue 01.09.26 154
The Verkhovna Rada is preparing a bill to implement the Convention on the Protection of the Professions of Lawyer

Legislation

The Verkhovna Rada is preparing a bill to implement the Convention on the Protection of the Professions of Lawyer

Members of Parliament plan to introduce a bill in the near future to implement the main provisions of the Council of Europe Convention on the Protection of the Professions of Lawyer. This parliamentary initiative may also prompt the government to expedite the preparation of the ratification package.

12:13 Fri 28.08.26 180
What an advocate should consider when a fee dispute escalates into a complaint to the QDBC

Educational events

What an advocate should consider when a fee dispute escalates into a complaint to the QDBC

If an advocate files a lawsuit seeking to recover fees from a client, the client may in turn file a complaint with the High Qualification and Disciplinary Commission of the Bar in an effort to compel the advocate to withdraw the lawsuit. How do the advocacy’s disciplinary bodies handle such cases?

13:07 Wed 26.08.26 118
Veteran-advocates returning to the practice of law: the UNBA has prepared recommendations

Edition

Veteran-advocates returning to the practice of law: the UNBA has prepared recommendations

Military service is incompatible with the practice of law; therefore, an advocate suspends their practice for the duration of their service. However, upon returning, they must reinstate their right to practice law, refresh their knowledge and reestablish their organizational and digital processes.

10:56 Tue 25.08.26 110
Energy, focus and priorities: how an advocate should plan their day

Educational events

Energy, focus and priorities: how an advocate should plan their day

A rigid workday schedule becomes irrelevant when your routine depends on air raid alerts and disrupted sleep caused by nighttime explosions. Under such conditions, advocates should assess the resources they can actually manage.

17:27 Mon 24.08.26 115
The UNBA honored the winners of the «In the language of prose» contest and opened a fashion exhibition

Greetings

The UNBA honored the winners of the «In the language of prose» contest and opened a fashion exhibition

The competition was organized by the UNBA Committee on humanitarian issues and creative initiatives in cooperation with the Center for advocacy and legal research. Two dozen advocates from various regions of Ukraine submitted their works to the competition committee for consideration. The entries were evaluated based on originality, the relevance of the chosen topic and the level of technical skill.

17:39 Fri 21.08.26 141
What is holding back funding for gas-fired power generation – discussion between businesses and banks at the UNBA

Discussion

What is holding back funding for gas-fired power generation – discussion between businesses and banks at the UNBA

To provide loans for new gas-fired power generation projects, banks require a predictable cash flow, an investor’s equity contribution, and risk-sharing mechanisms. A business model that relies solely on a preferential gas price is not a sufficient basis for financing.

17:11 Fri 21.08.26 126

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

Оберіть файл