Publication date: 08.07.2024
Protection of advocates' rights in the performance of their duties
The practice of law is an integral part of the legal system of any state. Advocates play an important role in ensuring the rights and freedoms of citizens by representing their interests in courts and other legal instances. However, in the course of performing their duties, advocates may face various threats and challenges that require effective protection of their rights. In this article, we will consider the main aspects of the protection of advocates' rights in Ukraine, the legal framework, protection mechanisms and current issues in this area.
Legal framework for the protection of advocates' rights
The protection of the rights of advocates in Ukraine is ensured by a number of legal acts that regulate the practice of law and guarantee the protection of their rights and freedoms. The main legal acts include:
TheConstitution of Ukraine:
- The Constitution of Ukraine enshrines the fundamental rights and freedoms of man and citizen, which also apply to lawyers. It guarantees the right to work, freedom from discrimination, the right to personal integrity, freedom of expression and other rights.
TheLaw of Ukraine "On the Bar and Practice of Law":
- This law defines the legal status of advocates, their rights and obligations, as well as guarantees of their activities. The law enshrines the professional rights of advocates, including the right to protection of professional secrecy, the right to access information, and the right to independence in the exercise of professional activities.
Criminal Code of Ukraine:
- The Criminal Code of Ukraine provides for liability for attacks on the life, health, honour and dignity of an advocate in connection with the performance of his or her professional duties. Such actions are qualified as crimes against justice and are punishable by law.
TheCode of Administrative Procedure of Ukraine:
- The Code of Administrative Procedure establishes procedural guarantees for the protection of the rights of advocates during their participation in administrative cases, including the right to represent clients, the right to access case files, the right to present evidence and other procedural rights.
Professional rights of advocates
Advocates have a number of professional rights guaranteed by the legislation of Ukraine. The main professional rights of advocates include
Theright to independence:
- The advocate shall have the right to independence in the exercise of his or her professional activities. Interference in the activities of the advocate, influence on him or her by state bodies, officials or other persons is prohibited.
Theright to protection of professional secrecy:
- The advocate shall have the right to protection of professional secrecy. The information received by the advocate from the client during the provision of legal aid shall be confidential and may not be disclosed without the client's consent.
Theright of access to information:
- The advocate shall have the right to access the information necessary for the provision of legal aid. The state bodies, institutions and organisations shall be obliged to provide the advocate with information within the limits provided by law.
Theright to represent the client's interests:
- The advocate shall have the right to represent the client's interests in courts, state authorities, local self-government bodies and other organisations. The advocate shall have the right to participate in procedural actions, to present evidence, and to participate in court debates.
Theright to receive remuneration:
- The advocate shall have the right to receive remuneration for the provision of legal aid in accordance with the agreement with the client. The amount of remuneration is determined by agreement of the parties and may include a fee, reimbursement of expenses and other payments.
Mechanisms for the protection of advocates' rights
A number of mechanisms are provided to ensure the protection of the advocates' rights, which include both legal instruments and the activities of the relevant bodies and organisations.
Qualification and Disciplinary Commissions of the Bar (QDCB):
- The CDCs supervise the observance of professional duties and ethical standards by advocates, consider complaints against advocates, and decide on disciplinary action against advocates.
TheUkrainian National Bar Association (UNBA):
- The UNBA is a professional association of advocates that protects their rights and interests, promotes the development of the bar, provides legal and advisory assistance to advocates, and conducts professional development activities.
Law enforcementagencies and courts:
- The law enforcement agencies and courts ensure the protection of the rights of advocates in case of unlawful acts against them. The advocates have the right to report crimes to the law enforcement agencies and to file lawsuits to protect their rights.
Self-regulatory organisations of advocates:
- Self-regulatory organisations of advocates develop and implement standards of professional activity, codes of ethics, and monitor the observance of professional standards and ethical norms by advocates.
Protection of the rights of advocates in the performance of their duties
Advocates may face various threats and challenges in the performance of their duties. The main problems include the following:
Interference with professional activities:
- Lawyers may face interference with their professional activities by state bodies, officials or other persons. Such interference may include obstruction of access to information, pressure on the advocate to influence his or her professional activities, illegal wiretapping or surveillance.
Violation of the right to confidentiality:
- Disclosure of confidential information received by the advocate from the client without the client's consent is a serious violation of the advocate's rights. Such actions may lead to the loss of trust on the part of clients and deterioration of the advocate's professional reputation.
Threats and violence:
- Advocates may face threats, violence or other forms of pressure from persons who are dissatisfied with their professional activities. This may include physical violence, threats to life or health, and vandalism of the advocate's property.
Violation ofprocedural rights:
- Advocates may face violations of their procedural rights when participating in court proceedings or other legal procedures. This may include unreasonable restrictions on the right to participate in procedural actions, non-admission to the case file, and obstruction of the submission of evidence.
Mechanisms for the protection of the rights of advocates in Ukraine
To ensure the protection of the rights of advocates in Ukraine, a number of mechanisms are provided for, including legal instruments, activities of professional organisations and support from state authorities.
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