Although in Ukraine there is criminal liability for obstructing the legitimate activities of a defender and violating the legal guarantees of activity, lawyers often encounter various forms of pressure. One of the most common is public shaming.
In social networks, information has been spreading more frequently in which representatives of certain public formations, law enforcement agencies allow themselves statements that are essentially bullying, insults, and personal discredit.
Especially often, the ‘informational lynching’ takes place regarding lawyers who represent defendants in crimes against the foundations of national security and defense. In such criminal cases, there is an identification of a lawyer with a client, which carries the character of enmity and hatred (it is worth noting that angry comments are also published regarding judges in connection with the decisions they make. This is done by individuals who do not have a professional education, often not familiar with the case materials on the basis of which certain procedural decisions were made).
Unfortunately, such actions become triggers for future violent actions against lawyers and give offenders confidence in their impunity.
At the same time, these ‘activists’ forget that the Constitution of Ukraine guarantees everyone the right to professional legal assistance, which ensures the institution of advocacy. The suspect, accused, or defendant also has the right to defense (and representation of a person in court, as well as defense against criminal charges, is carried out exclusively by a lawyer). And according to the Basic Law, the rights of a person cannot be restricted even in conditions of war or a state of emergency.
However, in the Unified State Register of court decisions in recent years, only a few verdicts in crimes against lawyers can be found. And they concerned only the most severe forms of pressure – attacks on lawyers in connection with the performance of their defense functions in one case or another (see, for example, the verdict of the Zaliznychny District Court of Lviv dated 03.12.2021 in case No. 462/1594/2, verdict of the Pavlograd City District Court of Dnipropetrovsk region dated 28.02.2025 in case No. 185/5507/18).
Thus, Ukraine, which is obliged (Article 5 of the Law ‘On Advocacy and Advocacy’) to create proper conditions for the activities of advocacy and ensure compliance with the guarantees of advocacy, actually reacts only in extreme (most glaring) cases when defenders are threatened with their lives. At the same time, no measures are taken regarding violations of the rights of lawyers and professional guarantees that may have serious consequences in the future.
In this aspect, the experience of Germany may be interesting, where efforts have long been made to overcome hate speech and enmity, including on the Internet. Protection extends to everyone without exception. And in 2021, the punishment under Article 188 (Defamation) of the German Criminal Code was strengthened and applied to a special type of crime – insults.
Scientific literature provides data that the state authorities of Germany make about 70,000 requests to providers annually to identify persons who make publications. And this indicates a real mechanism for protection against such unlawful actions. At the same time, public figures do not hesitate to officially declare that in relation to a person who has made offensive statements, a criminal case has been initiated. Regulation of such issues has a preventive character, which allows preventing more significant violations of professional rights and guarantees in the future.
Thus, the court in Reutlingen recognized that a publication on Facebook containing insulting statements about the minister, including comparisons with ‘dog excrement,’ ‘idiot,’ and calls to ‘get lost,’ crossed the boundaries of permissible criticism. The court imposed a fine of 7800 euros on the author (case number OLG Hamm, Az. 5 Ss 226/22, NJW 2025, 278).
At its 1522nd meeting on March 12, 2025, the Council of Europe adopted the Convention on the Protection of the Profession of Lawyer. According to this international treaty, which was recently signed by 17 participants, states are obliged to ensure that lawyers can perform their professional duties without the threat of physical attacks, threats, persecution, intimidation, or unlawful obstacles or interference. If such actions may constitute a criminal offense, the Parties must conduct an effective investigation. This can be a decisive step towards the future of an independent institution for the protection of rights and freedoms in Ukraine – advocacy.
So now it is necessary to address the issue of whether the information persecution of lawyers requires separate qualification under Ukrainian law. It is clear that everyone has the right to criticize, including in judicial proceedings or outside of them. But this should be done within certain limits without insults and bullying.
Volodymyr Matsko
member of the Committee Council of the NAU on Criminal Law and Procedure