Publication date: 19.05.2024
Establishing liability for breach of guarantees of advocacy: new legislative initiatives
Introduction
The National Association of Lawyers of Ukraine (NAAU) actively works to protect the rights of lawyers and improve the legislation that regulates their activities. One of the latest initiatives is the preparation of the draft Law "On Amendments to the Code of Ukraine on Administrative Offenses on Establishing Liability for Violation of Guarantees of Legal Practice". This initiative is aimed at solving the problem of identifying lawyers with their clients, which poses significant threats to the functioning of the legal profession in Ukraine.
The main provisions of the draft law
The problem of identifying lawyers with clients
One of the key guarantees of advocacy is the prohibition of identifying the lawyer with the client. This provision is enshrined in relevant legislation and is extremely important for preserving the independence of the bar. However, in view of the sharp increase in the number of criminal proceedings related to the armed aggression of the Russian Federation, the problem of identification has gained particular scope. Figures in many cases are representatives of the aggressor state and their aides, which complicates the situation even more.
Liability for violations
The draft Law proposes to add to the Code of Ukraine on Administrative Offenses (KUpAP) a new composition of an administrative offense related to the violation of the ban on the identification of a lawyer and a client.According to the new Article 185-16 of the Code of Criminal Procedure, public identification of a lawyer with a client, including through mass media, journalists, public associations and professional unions, entails the imposition of a fine.
The penalties are as follows:
For citizens: from 100 to 200 tax-free minimum income of citizens.
For officials: from 200 to 300 tax-free minimum income of citizens.
In case of repeated violation within a year, fines are increased:
From 400 to 600 tax-free minimum incomes of citizens.
The procedure for consideration and preparation of protocols
Consideration of cases
According to the proposals of NAAU, cases of violation of the ban on the identification of a lawyer with a client should be considered by judges of district, district in the city, city or city-district courts. This will ensure an appropriate level of legal analysis and decision-making based on current legislation.
Drafting of protocols
Drafting of protocols on these offenses will be entrusted to the heads of regional bar councils or authorized members of these councils. This approach will allow prompt response to cases of violations and ensure the protection of lawyers' rights.
Justification of the draft law
The press service of NAAU emphasizes that the violation of the ban on the identification of a lawyer with a client creates significant threats to the functioning of the institute of advocacy and the development of Ukraine as a legal state. Lawyers must be able to perform their professional duties without fear of being identified with clients, which is especially important in the context of the armed aggression of the Russian Federation and the consideration of cases involving representatives of the aggressor state.You may be interested in the following articles: lawyer's consultation, lawyer's consultation, document analysis, legal situation analysis, written consultation, document review by a lawyer, lawyers' documents, lawyer's help online, lawyer online, legal opinion, lawyer's legal opinion, lawyer online.
Support and implementation prospects
The draft law, prepared by the NAAU committee on information policy and interaction with the mass media, has already been sent to Volodymyr Vatras, head of the subcommittee on the organization and activity of the bar, bodies providing legal aid to the Committee of the Verkhovna Rada of Ukraine on legal policy. This is an important step on the way to the official review and adoption of relevant changes to the Code of Administrative Offenses.
Conclusion
The introduction of liability for violation of the guarantees of advocacy is a necessary step to protect the rights of advocates in Ukraine. The draft law prepared by NAAU is aimed at solving the problem of identification of lawyers with their clients, which is especially relevant in the conditions of armed aggression of the Russian Federation. The implementation of the proposed changes to the Code of Administrative Offenses will allow to ensure the proper level of protection of advocacy activities and will contribute to the development of Ukraine as a legal state.
