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

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.