Publication date: 09.07.2024
Protection of the rights of advocates in the performance of their duties
The practice of law is an integral part of the legal system that protects the rights and interests of citizens. At the same time, advocates often face obstacles that may violate their professional rights and complicate the performance of their duties. In this article, we will examine the main aspects of the protection of advocates' rights, guarantees of their professional activity and mechanisms of legal protection.
Legislative regulation
The main legal acts regulating the protection of the rights of advocates in Ukraine include:
- The Law of Ukraine "On the Bar and Practice of Law";
- The Criminal Procedure Code of Ukraine;
- Civil Procedure Code of Ukraine;
- The Constitution of Ukraine;
- other regulatory acts relating to the activities of advocates.
Guarantees of the Practice of Law
Independence of the advocate
One of the key guarantees is the independence of the advocate, which is ensured by the Constitution and special laws. Independence means that advocates should be able to perform their professional duties without interference from state bodies, officials or other persons. This includes the right to freely choose methods and means of defence of clients that do not contradict the law.
Confidentiality
The attorney-client privilege is one of the main guarantees protecting the rights of advocates and their clients. All information that became known to the advocate in connection with the provision of legal aid shall not be disclosed. Breach of confidentiality may result in disciplinary, administrative and criminal liability.
Procedural rights of the advocate
Advocates have broad procedural rights, which include
- the right to collect evidence;
- the right to file motions;
- the right to participate in investigative actions;
- the right to apply to the court and other state authorities on behalf of the client.
These rights enable advocates to effectively protect the interests of their clients.
The right to security
The advocates have the right to personal security in case of threat to their life or health in connection with the performance of their professional duties. The state authorities are obliged to take measures to protect advocates and their families from possible attacks.
Mechanisms of legal protection of advocates
Appeal to the Qualification and Disciplinary Commission of the Bar
In case of violation of the advocate's rights, he or she may file a complaint with the Qualification and Disciplinary Commission of the Bar. This body controls the observance by advocates of professional ethics and the law, as well as considers complaints against the actions of advocates and other persons who violate the rights of advocates.
Judicial defence
Advocates have the right to apply to the court to protect their rights and legitimate interests. Judicial protection includes the possibility of filing claims for compensation for damage caused in connection with the violation of the advocate's rights, appealing against illegal actions or decisions of state bodies and officials, as well as protection of honour, dignity and business reputation.
Appeal against actions of law enforcement authorities
In case of unlawful actions by law enforcement agencies, advocates have the right to appeal against such actions in accordance with the established procedure. This may include lodging complaints with the prosecutor's office, the judiciary or other competent authorities, as well as applying to the bar self-government bodies.
International mechanisms of protection
Lawyers may also apply to international human rights mechanisms, such as the European Court of Human Rights. In case of violation of the advocate's rights at the national level, he or she has the right to file a complaint with international bodies to protect his or her rights.
Liability for violation of the rights of advocates
Ukrainian legislation provides for liability for violations of the rights of advocates. Such violations may include
- obstruction of the lawful activity of the advocate;
- threats or violence against the advocate;
- illegal searches and seizure of the advocate's documents;
- disclosure of the attorney-client privilege.
The liability for such actions may be both administrative and criminal. The advocates have the right to demand that the perpetrators be brought to justice and compensated for the damage caused.
Protection of advocates' rights in court proceedings
In court proceedings, advocates have a special legal status, which ensures their independence and effectiveness in protecting the interests of the client. The judiciary is obliged to ensure equal rights and opportunities for advocates and other participants in the proceedings. In case of violation of the advocate's rights during the trial, he or she has the right to file a complaint with the relevant authorities, including the courts of appeal and cassation.
Rights of advocates in criminal cases
The advocates who participate in criminal cases as defence counsels have additional rights that ensure effective defence of the accused. These rights include
- The right to confidential communication with the client;
- the right to get acquainted with the case file;
- the right to participate in all investigative actions;
- the right to submit motions and evidence;
- the right to appeal against procedural decisions and actions.
These rights enable advocates to provide high-quality defence of clients in criminal cases.
Professional associations of advocates
Professional associations of advocates play an important role in protecting the rights and interests of advocates. They monitor the observance of professional standards, provide support to advocates in case of violation of their rights, and organise training and professional development. In addition, professional associations can represent the interests of advocates in their relations with state authorities and international organisations.
Conclusion.
The protection of the rights of advocates is an important element of the legal system of Ukraine. Legislation provides for a number of guarantees and legal mechanisms that ensure the protection of advocates in the performance of their professional duties. The independence of advocates, professional secrecy, procedural rights and the right to security are key aspects that allow advocates to carry out their activities effectively.
Advocates have the right to protection of their rights both at the national and international levels. In case of violation of their rights, they can apply to the qualification and disciplinary commissions, judicial authorities, prosecutors and international human rights bodies.
Liability for violations of the advocates' rights provides for the possibility of bringing the perpetrators to administrative and criminal liability, as well as compensation for the damage caused. It is important that advocates know their rights and mechanisms for their protection, as well as actively use the opportunities provided by law to protect their interests.
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