Investigative bodies encroach on the independence of lawyers in various forms: from searches and seizures to secret investigative (search) actions. So this practice should be stopped. To strengthen the guarantees of advocacy, a group of people's deputies proposed the project "On Amendments to the Criminal Procedure Code of Ukraine and the Code of Ukraine on Administrative Offenses" ( No. 7057 ).
It, in particular, introduces a new Article 237-1 into the Criminal Procedure Code, which will determine the specifics of the search and inspection of a lawyer's home or other property. In order to prevent investigators from visiting a lawyer's office without warning, a requirement is introduced to notify the local bar council of such intentions no later than within 24 hours. before the investigation. Failure to do so will automatically render all evidence collected inadmissible.
It will also be prohibited to seize any things or documents that are not expressly specified in the relevant decision of the investigating judge (except for those that have preserved traces of the crime or have been withdrawn from circulation). Also, the lawyer can emphasize that any document contains lawyer's secret. Then it will be packaged and handed over to the investigating judge, who will decide whether the investigator or prosecutor has the right to read its contents. Of course, if they convince that it is absolutely necessary for some purpose.
Similar norms are included in the law "On Bar Associations and Advocacy Activities" (draft No. 7056 ).