UBA urges the State Prosecutor's Office to Ensure Rights and Guarantees of Lawyers


KYIV - October 01, 2018. The Ukrainian Bar Association expresses its concern with the cases of violation of the professional rights and guarantees of lawyers and addresses to the Prosecutor General's Office with an open appeal regarding the inadmissibility of violations of professional rights and guarantees of legal profession and violation of the right to defense.

The UBA appeal states as follows:

The Ukrainian Bar Association (UBA), as the leading professional legal community, aimed at implementing the rule of law in state and social affairs, expresses its concern over the violation of professional rights and guaranties of Mr. Volodymyr Bohatyr and his attorneys.    .

The UBA became aware of the systematic violations of the professional guarantees of our member Volodymyr Bohatyr and the rights of his attorneys by the Office of Special Investigations (formerly the Department of Special Investigations) of the General Prosecutor's Office. In particular, in terms of the procedure for calling a lawyer, ignoring the principle of presumption of innocence, systematic violation of the right to defense.

In addition, according to available information, court orders admitting attorneys to the process, were taken for granted. Also, they were not allowed to familiarize with the materials of criminal proceedings. There reported cases of extortion by the representatives of the General Prosecutor's Office of documents against the requirements of the current legislation, in particular, from lawyers who previously participated in the interrogation of Volodymyr Bohatyr as a witness; in official correspondence investigators and prosecutors in an affirmative form express their disagreement with court decisions.

The Association sees in these actions the non-compliance with the requirements of the Criminal Procedural Code of Ukraine and the non-observance of the requirements of the current legislation, investigation with numerous procedural violations.

In particular, it is a violation of the requirements set forth in paragraph 13 part 1 of Article 23 of the Law of Ukraine "On the Bar and Legal Profession" and Clause 1 Part 1 of Article 481 of the CPC of Ukraine, which defines the lawyer as a separate category of persons, for which there is a special procedure for criminal proceedings and notification of suspicion, as well as violation of the basic principle of legal proceedings concerning the mandatory court decision provided for in art. 129 of the Constitution of Ukraine.

The Association of Ukrainian Lawyers calls on the Prosecutor General's Office to ensure the strict observance of the professional rights and guarantees of the lawyer's activity of Volodymyr Bohatyr and his defense counsels as well as the rights of individuals to be protected in accordance with the Constitution of Ukraine, the laws of Ukraine and international acts, and adhere to the basic principles of democracy and the rule of law.