Without the protection of advocates, there will be no fair trials in Ukraine — forum in Odesa

Identifying an advocate with their client undermines the foundations of justice, as it deprives individuals of the opportunity to exercise their right to defense, forces advocates to avoid participating in high-profile cases, and ultimately renders procedural guarantees meaningless. Without this, fair trial is impossible.

The Yosyp Bronz Forum on criminal law and procedure began in Odesa with a discussion of this issue. The event has already become a traditional platform for discussing challenges in the work of advocates, from changes in legislation to the exercise of rights and the provision of professional guarantees.

Acting chairman of the Odesa Regional Bar Council Olena Dzhaburia emphasized that the practical difficulties of exercising the right to defense are overcome by the readiness of the advocacy to uphold the rule of law. She highlighted the risks of pressure on advocates and cases of identification with clients, noting that effective counteraction to such violations is only possible through solidarity and professional unity.

In her speech, the President of the UNBA, BCU Lidiya Izovitova reminded the audience that the forum was dedicated to honoring the memory of a person whose integrity and professionalism became a guiding light for the modern advocacy. She linked this theme to the challenges of today, emphasizing that the protection of the professional rights of advocates is key.

The President of the UNBA, BCU paid particular attention to the international dimension. In March, the Council of Europe adopted the Convention on the protection of the profession of advocate, the first international document that directly imposes on states the obligation to guarantee the independence of advocates. Ukraine has not yet acceded to this international act, although it was the Ukrainian representative, Valentin Gvozdiy, the Vice President of the UNBA, BCU, who played a leading role in its preparation. Therefore, the signing and ratification of the Convention should be a priority, as it strengthens the international protection of advocacy.

In this context, L. Izovitova addressed internal changes. On July 16, the Verkhovna Rada adopted Law No. 4547 «On amendments to the Code of Ukraine on administrative offenses and the Criminal Code of Ukraine to ensure compliance with guarantees of advocate», which, in particular, provides for the introduction of administrative liability for identifying an advocate with a client. The document is awaiting the President's signature, but there is resistance in society to its implementation. A targeted campaign against advocacy is taking place in the information space: the media and individual civil society activists are spreading narratives about «covering up for collaborators», effectively portraying advocates as enemies.

According to the President of the UNBA, BCU this trend undermines the presumption of innocence, replaces legal principles with emotional appeals, and threatens the institution of defense in criminal proceedings. In this regard, the BCU is monitoring the criminal proceedings against Odesa advocate Olga Panchenko, considering it a prime example of the dangers that arise when a defense advocate is identified with their client.

Chairman of the Committee on the protection of advocates' rights and guarantees of legal practice of the UNBA Yevheniy Solodko spoke in more detail about this case. The case has taken on an international dimension, as foreign scholars and fellow lawyers have joined the defense, which testifies to the exceptional nature of the situation.

According to him, the uniqueness of this case lies in the fact that O. Panchenko was brought to justice as a defender of the suspect solely for performing her professional duties. Such actions, in the opinion of Y. Solodka, are unacceptable in a state governed by the rule of law, even in light of the martial law.

Separately, the chairman of the relevant Committee of the UNBA focused on attempts to discredit the leadership of the Odesa Regional Bar Association, seeing this as a sign of deliberate pressure on advocacy.

At the same time, he called the court's decision in the case a positive sign: despite the seriousness of the allegations, the court did not agree to the prosecutors' request for unconditional detention. The Committee is keeping a close eye on this case and plans to bring it up with the Parliament's Temporary Investigation Commission as an example of how law enforcement shouldn't act during martial law.

Wrapping up this discussion, L. Izovitova said that the main challenge for the profession is still making sure it's protected. If advocates are afraid to participate in cases because of the risk of being identified with their clients, the right to defense will become a formality. In that case, procedural rules will lose their meaning, and fair trials will become unattainable without independent and confident defenders.

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