In the conditions of full-scale armed aggression against Ukraine, the human rights function of the legal profession has gained even greater importance. However, the professional activities of lawyers have become the subject of numerous challenges and violations that require not only prompt response but also a comprehensive review of the guarantees of legal practice.
Since the introduction of martial law in February 2022, the bodies of legal self-government in Ukraine have actively taken measures to support lawyers: humanitarian aid, legal protection, free legal assistance to military personnel and displaced persons, creation of new educational courses, and international initiatives.
However, as evidenced by the statistical data of the Committee for the Protection of Lawyers’ Rights of the National Bar Association of Ukraine, the number of searches, detentions, interventions in the legal position of lawyers, and violations of lawyer-client privilege is increasing year by year.
Among the most glaring violations:
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seizure of equipment with lawyer-client privilege without proper authorization;
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identification of the lawyer with the client in the media and social networks;
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pressure during searches to disclose confidential information;
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serving subpoenas to lawyers directly in the courtroom;
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preventing lawyers from conducting investigative actions;
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obstacles to the movement of lawyers during curfew hours.
In the publication released in the scientific journal ‘Analytical-Comparative Jurisprudence’, Yulia Tsyhanyuk (Chair of the National Bar Association of Khmelnytsky Regional Council) and Mikhail Honcharov (member of the National Bar Association Committee) proposed a series of practical solutions:
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to provide official permission for lawyers to move during curfew hours;
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to expand the educational programs of law faculties with the discipline ‘Guarantees of Legal Practice’;
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to supplement the legislation with the right of lawyers to video record investigative actions;
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to strengthen the information campaign about the role of the legal profession in the rule of law;
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to hold systematic meetings with representatives of investigative and law enforcement agencies to enhance the level of legal culture in observing guarantees.
‘All violations of lawyer guarantees are not only a problem for professionals but also a threat to the right of every citizen to defense,’ emphasize the authors.
In conclusion, it is worth noting that compliance with the guarantees of legal practice in times of war is the key to preserving an independent legal profession and the legal security of society.
And it is the legal community that should initiate changes, be a voice of concern, and at the same time a source of solutions.