The head of the Legal Reform Commission under the President of Ukraine, Serhii Ionushas, was sent a draft of proposals for changes to the Law "On Advocacy and Advocacy". This was reported by the National Association of Lawyers of Ukraine, which sent the document.
In particular, it is proposed:
grant lawyers the right to unimpeded access to the premises of state authorities and local self-government bodies, courts, prosecutor's offices, law enforcement agencies, penal institutions and other official premises in connection with their practice of law on the basis of a lawyer's license, except for cases provided for by law;
legally establish for lawyers identified access to state registers, including the Unified Register of Pretrial Investigations (ERDR), the Unified State Register of Executive Proceedings, the Unified Judicial Information and Telecommunication System in the order determined by the relevant owner of the registry or automated system. except for registers containing information that is a state secret in the absence of a corresponding admission to a state secret);
unimpeded access to court premises during working hours and during a court session in a case in which the lawyer's client participates, as well as to the premises of courts, prosecutor's offices, the police, the Ministry of Internal Affairs, other law enforcement agencies, institutions for pre-trial detention and execution of punishments, state authorities at the time, if the client is in these premises;
to Article 20 of the profile law, it is proposed to add the right of a lawyer, without a special permit, to meet privately with his client under conditions that ensure confidentiality, including in the case of his detention, arrest and detention and serving a sentence in the form of deprivation of liberty, without limitation in the number of meetings and the duration of each of them, regardless of the client's location;
Article 23 proposes to clarify the current prohibitory norm by rewriting it in the following version: "It is prohibited to interrogate, demand or demand from a lawyer, his assistant, intern, a person who is in labor relations with a lawyer, a lawyer's office, a lawyer's association, as well as from a person in respect of whom the right to practice as a lawyer has been terminated or stopped, or to try in another way to obtain, without the consent of the lawyer and his client, information, data, information, documents, materials that are a lawyer's secret or obtained by a lawyer in connection with the conduct of a lawyer's work activities or which are used to carry out advocacy activities";
in the same article, it is proposed to clarify and supplement the current clause stating that any measures to ensure criminal proceedings, operational and investigative measures and investigative (search) actions, including covert actions against a lawyer, the application of a preventive measure to him, detention or any what a limitation freedom of movement of the lawyer can be exercised only on the basis of the decision of the investigating judge of the appeals court at the request of the Prosecutor General, his deputy, the prosecutor of the ARC, the region, the city of Kyiv and the city of Sevastopol and only in connection with criminal offenses of which the lawyer is suspected;
it is proposed to clarify the prohibition on entering the lawyer's home or other property, the premises where the lawyer's workplace is located, conducting an inspection, search or other investigative actions in them, as well as conducting a personal search of the lawyer, inspecting, requisitioning or seizing the lawyer's belongings and documents; wording "except when such actions are carried out within the framework of criminal proceedings, in which the lawyer is served with suspicion of committing a crime";
to add a ban on collecting information in any form and by any means of communication, correspondence, other communications (including using means of communication) of a lawyer, a lawyer's assistant with a client, a lawyer with a lawyer's assistant, an intern, as well as interference in such communication If such communication has been recorded, the relevant recordings and other forms of recording of such communication must be destroyed immediately, and any use thereof is illegal;
it is proposed to add the wording "Evidence obtained during the search or inspection of the lawyer's home, other possessions of the lawyer, the premises where he practices law, temporary access to the lawyer's things and documents, in the absence of a representative of the regional bar council, is inadmissible."