A public position towards the inadmissibility of attorney's activity interference


KYIV — 28 January 2016. The Ukrainian Bar Association (UBA) cautions against violation of attorney professional rights and guarantees.

According to media sources, the Prosecutor's Office of Kyiv called in for questioning Oksana Tomchuk and Ihor Cherezov, the attorneys who represent the interests of Henadii Korban in the course of a criminal proceeding.

20 January 2016, the Unified Register of Pre-Trial Investigations was added to with entries related to possible actions of the attorneys performed in order to arrange conditions that benefited malicious activity of their client.

The Ukrainian Bar Association considers that such actions of the Prosecutor's Office of Kyiv may be regarded as an interference in attorney activities since an interrogation of attorneys in the context of their professional obligations is prohibited according to Clause 23 of the law of Ukraine "About Advocacy and Attorneys' Activity".

Professional rights, honour and dignity of attorneys are guaranteed by the Constitution of Ukraine and the law of Ukraine "About Advocacy and Attorney Activities" and they are recognized around the world.

The guarantees of professional activity is the basis of attorney's job as they provide the ability to stand up for the rights, freedoms and legitimate interests of any society member.

Particularly, it is prohibited to equate attorneys to their clients and their cases in the context of their professional activity and interrogate attorneys as witnesses in order to get information obtained by or being trusted to attorneys in the course of their professional activity.

Violation of these guarantees makes it impossible to realize the constitutional right to protection and contradicts the principles of a law-bound state.

The Ukrainian Bar Association encourages the Ukrainian law-enforcement authorities and its functionaries to refrain from actions that violate the guarantees of attorney professional activity and punish the malefactors.