Dear colleagues!
Violations of lawyers’ rights and guarantees of lawyer activity are currently systemic and occur almost every day throughout Ukraine. The Committee for the Protection of Guarantees of Advocacy operates within the structure of the Kyiv Region Bar Council. The purpose of the Committee is to ensure the existence of an effective and efficient response mechanism to cases of gross violation (prevention of violations) of the professional rights of lawyers by state bodies.
According to p. 12 p. 1 Art. 23 of the Law of Ukraine “On Advocacy and Advocacy”, the body or officials who detained a lawyer or applied a preventive measure to him are obliged to immediately notify the relevant council of lawyers of the region. Part 2 of Art. 23 of the Law of Ukraine “On Advocacy and Advocacy” establishes that during a search or inspection of a lawyer’s home, other possessions, premises where he practices law, temporary access to the lawyer’s belongings and documents, a representative of the regional bar council must be present. In order to ensure his participation, an official who will conduct a relevant investigative action or apply a measure to ensure criminal proceedings shall notify the regional bar council at the place of such procedural action in advance.
The Bar Council of the Kyiv region informs lawyers that every lawyer has the right to: demand from an official who conducts investigative actions (search or inspection of the lawyer’s home, other possessions, premises where he practices law, temporary access to the lawyer’s belongings and documents) the presence of representatives of the Bar Council of the region; has the right not to give consent to the initiation of investigative actions until the presence of representatives of the regional bar council.
Thus, in the event of a violation of the professional rights of lawyers and the implementation of the guarantees of lawyer activity, it is necessary to immediately notify the Kyiv Region Bar Council of such facts.
24-hour hotline of the Committee: +38 067 257 4444
P.A. Boyko, Chairman of the Kyiv Region Bar Council
The Committee for the Protection of Guarantees of Advocacy represents the Council of Advocates of the Kyiv region during the conduct of procedural actions by law enforcement agencies against the attorney or the application of measures to ensure criminal proceedings against the attorney, in the cases provided for in Part 2 of Article 23 of the Law of Ukraine “On Advocacy and Advocacy.”
As of today, the Committee includes more than 80 lawyers, which provides the opportunity to provide round-the-clock protection of the guarantees of advocacy guaranteed by Article 23 of the Law of Ukraine “On Advocacy and Advocacy” within the city of Kyiv and the Kyiv region.
During the first two quarters of 2023, members of the Committee took part in 130 investigative actions against lawyers.
The Bar Council of the Kyiv region informs lawyers that every lawyer has the right to: demand from an official who conducts investigative actions (search or inspection of the lawyer’s home, other possessions, premises where he practices law, temporary access to the lawyer’s belongings and documents) the presence of representatives of the Bar Council of the region; has the right not to give consent to the initiation of investigative actions until the presence of representatives of the regional bar council.
Thus, in the event of a violation of the professional rights of lawyers and the implementation of the guarantees of lawyer activity, it is necessary to immediately notify the Kyiv Region Bar Council of such facts.
