Page 46 - Report on the infringement of rights and guarantees of attorneys in Ukraine

DEVELOPMENT OF ATTORNEYS’ COOPERATION AND SELF-GOVERNMENT

Recommendations of Rytis Jokubauskas, Oksana Tsymbrivska and Mark Segal, experts of the EU
Project “Support to Justice Sector Reforms in Ukraine", for Bar self-government bodies:

create a comprehensive database and information management system covering all
violations of the professional rights and guarantees of attorneys, making it easy for an
attorney to officially register any violations of their professional rights and guarantees;
develop and disseminate model instructions and procedural guidelines for attorneys
on how to act and who to contact if their professional rights and guarantees are
violated;
hold a public campaign to strengthen the internal controls of state institutions and
provide training designed to prevent violations of the professional rights and
guarantees of attorneys;

train the members of disciplinary chambers on initiating a disciplinary case, grounds
for bringing a disciplinary action against an attorney, etc.;
develop recommendations of the Bar Council of Ukraine regarding requirements of
the premises of attorneys;
develop and disseminate model instructions for representatives of Regional Bar
Councils who participate in searches of attorney offices;
train representatives of Regional Bar Councils who oversee searches of attorney
offices and other estates;
strengthen the work of the UNBA Committee on Protection of Attorneys’ Rights and
Professional Guarantees through a simplified and more inclusive structure, greater
participation of Committee members in its work, improvement of the provisions on its
activities, etc.;

establish mechanisms and procedures for the payment for an attorney’s services,
court fees for attorneys, whose rights and guarantees have been explicitly violated;
develop recommendations on the impossibility for attorneys to provide services that
are not legal and not related to the exercise of legal practice;
engage in public campaign to mobilise civil society and the media regarding liability
for violating the professional rights and guarantees of attorneys;

cases of prosecution for violation of the professional rights and guarantees of
attorneys that are meant to set an example .
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