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Publication date: 24.05.2024
NAAU has prepared a Draft Law on Strengthening Liability for Obstructing the Right of a Person to Protection
Introduction
The National Association of Lawyers of Ukraine (NAAU) is actively working to improve the country's legal system. Recently, a draft law aimed at strengthening responsibility for obstructing a person's right to protection was prepared. This is an important step towards ensuring justice and the rule of law in Ukraine. In this article, we will consider the main provisions of the draft law, its legal basis and potential impact on the legal system and society.
Legal Basis of the Draft Law
Constitutional Right to Protection
According to Article 59 of the Constitution of Ukraine, everyone has the right to legal aid. This is ensured by various legal mechanisms, including the right to a lawyer. Impeding the exercise of this right is a serious violation of constitutional norms and may have serious consequences for the fairness of the judicial process.
Norms of the Criminal Code
To date, obstruction of the right to defense is already provided as a criminal offense in the Criminal Code of Ukraine. However, existing regulations are not always effectively applied, and the level of responsibility for such actions may not be sufficient to prevent violations. The NAAU draft law is aimed at strengthening these norms and ensuring their effective application.
Main Provisions of the Draft Law
Expansion of the List of Actions Qualified as Obstruction
The draft law provides for the expansion of the list of actions that can be qualified as obstruction of the right to protection. This includes:
Illegal interference in the activities of a lawyer.Any actions that prevent the lawyer from fulfilling his professional duties.
Abuse of power or official position. Officials using their powers to limit access to legal aid.
Falsification or destruction of evidence. Actions aimed at creating obstacles to effective defense in court.
Increasing Responsibility
The draft law provides for increased responsibility for obstructing the right to defense. This includes:
Increase in terms of imprisonment. For particularly serious violations, such as abuse of power, an increase in terms of imprisonment is foreseen.
Strengthening of fines. Introduction of significant fines for legal entities and individuals who prevent the exercise of the right to protection.
Introduction of Additional Precautions
The draft law also provides for the introduction of additional preventive measures to ensure the implementation of the right to protection. This includes:
Ban on performance of official duties. Temporary ban on the performance of official duties for officials who are suspected of obstructing the right to defense.
Strengthened control over the activities of bar associations. Introduction of additional mechanisms of control over the activities of lawyers and bar associations. You may be interested in the following articles: lawyer consultation, lawyer consultation, document analysis, legal analysis of the situation, written consultation, document verification by a lawyer, lawyers documents, lawyer help online, lawyer online, legal opinion, lawyer's legal opinion, lawyer online.
Potential Impact of the Bill
Positive Impact on the Legal System
The draft law is aimed at ensuring a fair trial and compliance with the rights of individuals to defense. This can contribute to:
Increasing confidence in the judicial system. Citizens will be sure that their rights are protected at the legislative level.
Improving the quality of legal aid. Strengthening responsibility for obstructing the right to defense will encourage lawyers to work more professionally and efficiently, as they will be sure of support from the law.
Reducing the number of abuses. Strengthening accountability will help reduce cases of abuse of power and other illegal actions aimed at limiting access to legal aid.
Impact on Society
Ensuring equality before the law. The bill will contribute to ensuring equal opportunities for all citizens in exercising their right to protection, regardless of their social status or financial situation.
Strengthening legal culture. The introduction of additional measures of responsibility will contribute to the formation in society of the understanding of the importance of legal aid and the need to comply with legal norms.
Challenges and Potential Drawbacks
Despite the obvious advantages, the draft law may face certain challenges and criticism:
Risk of excessive pressure on officials. Increased accountability can create fears among officials about possible sanctions, which can lead to a decrease in initiative and effectiveness of their work.
The need for additional resources.Implementation of the new regulations will require additional resources for training and enforcement, which can be a difficult task in the context of limited funding.
Conclusion
The NAAU draft law on strengthening responsibility for obstructing a person's right to protection is an important step on the way to strengthening the legal system of Ukraine. It is designed to ensure compliance with the constitutional rights of citizens to legal aid and to promote a fair trial. Despite possible challenges, its adoption can significantly improve the level of legal protection of citizens and increase confidence in the justice system.
Adoption of this draft law will be a signal to all participants of the legal system that the rights to defense are inviolable and any attempts to limit them will be severely punished. This will strengthen the legal culture in Ukraine and ensure more justice and equality before the law for all citizens.
