May 19, 2025 The Committee for the Protection of Guarantees of Advocacy Activities of the Bar Council of the Kyiv Region conducted two visits in connection with violations of lawyers’ rights during investigative and administrative actions.
Search without notification from NABU
Around 09:36, a notification was received from lawyer Polina Nepomyashcha about the search conducted in the office of lawyer Yana Rubchuk (ERAU No. 8371/10). Representatives of the Committee promptly arrived at the scene: Sivakov L.M., Orlov A.A., Pukhalska N.S., and Nepomyasha P.I.
The search was conducted by a NABU detective within criminal case No. 520*******00296. The decision to conduct the search was made by the Higher Anti-Corruption Court a week ago, but representatives of the Bar Council were not informed in advance, which is a violation of Article 23 of the Law of Ukraine ‘On Advocacy and Advocacy Activities’.
Furthermore, the search was carried out in premises where legal activities are actually conducted, despite the documents provided by the lawyer regarding the right to use these premises.
Representatives of the Bar Council documented a number of violations:
- lack of advance notification;
- the decision was not issued by the Prosecutor General or his deputy;
- lack of permission to search the premises used by the lawyer;
- involvement of a specialist without the appropriate order and documents.
Detention of a lawyer at a checkpoint
On the same day around 11:40, the Committee’s hotline received a report of the detention of lawyer Vladimir Babenko on the Odessa highway at the entrance to Kyiv. He was planned to be taken to the district TCC of Holosiivskyi district.
To ensure the protection of lawyers’ guarantees on the spot, Committee member Omelchenko T.L. immediately went to the scene. As a result of her intervention, the lawyer was not taken to the TCC, and he successfully left the detention site with the Committee representative.
The Bar Council of the Kyiv Region emphasizes: compliance with the guarantees of advocacy activities is a key element of the rule of law. In cases of violations of lawyers’ rights, the Committee for the Protection of Guarantees is ready to react promptly and provide legal support to colleagues.