The Chairman of the Committee for the Protection of the Rights of Lawyers and Guarantees of Advocacy of the NAAU Yevhen Solodko commented in an interview with "ZiB" on the growing pressure on lawyers in Ukraine.
He stressed that the legal profession faces numerous violations, including eavesdropping on lawyers' offices, searches without a court order, physical violence and public identification of lawyers with their clients, reports UNN.
Some law enforcement agencies are developing a very dangerous habit - to live in the mode of "above the law"
According to him, the most common violation is interference by law enforcement officers in attorney-client privilege.
"In 2023, we recorded a violation of the rights of a Kyiv lawyer who was detained by NABU detectives without proper procedural documents. During the search of his apartment, law enforcement officers seized property and funds that were not related to the criminal proceedings, as well as documents containing attorney-client privilege. The search was also conducted without a warrant from the investigating judge, and the regional bar council was not even notified of the investigative actions, although this is also required by law," Solodko said.
He stressed that a lawyer is not an accomplice of a criminal, but a guarantor of the fairness of the court. The NAAU actively responds to these violations by filing reports of crimes with law enforcement agencies and informing international human rights organizations.
It is clear that law enforcement officers, in most cases, try to turn a blind eye to such cases. This is how they protect the honor of their uniform. Then we have to act through the courts. Although the number of criminal cases brought to completion can be counted on the fingers of one hand. But this already shows the state's attitude to the problem. Therefore, we are not limited to the internal framework. We also inform our international partners - fellow lawyers, professional associations, human rights organizations,
Let us remind you
The Verkhovna Rada is preparing to adopt a law banning the identification of a lawyer with a client. Administrative and criminal liability is envisaged. The legislative initiative was a response to the systematic violation of guarantees of advocacy, in particular the public identification of lawyers with their clients. According to official statistics, 15 cases of illegal interference with the activities of a defender were registered in 2022, 46 in 2023, and another 46 in the first eight months of 2024 alone. At the same time, no suspicion was reported in any of these proceedings. This indicates the inefficiency of the current mechanism for protecting lawyers, the authors claim.
Let us also add that the Council of Europe has adopted the first Convention on the Protection of the Legal Profession, which establishes international standards for guarantees of the independence and security of lawyers. Ukraine has already announced its intention to ratify this document in the near future. Currently, the document is "bogging down" in the Ministry of Justice.