Page 52 - Report on the infringement of rights and guarantees of attorneys in Ukraine

References

1 Item 5, Declaration of the High-level Meeting of the General Assembly on the Rule of Law
at the National and International Levels (Adopted by Resolution 67/1of the UN the General
Assembly on 24 September 2012)
2 Some lawyers believe that the notion of "the rule of law" and "law-governed state" are
identical and originated simultaneously in the Anglo-Saxon and continental legal systems
3 Including the freedom of advocacy

4 Within the context of exercising the right of defence
5 Recommendation No. R(2000)21 of the Committee of Ministers to member States on the
freedom of exercise of the profession of lawyer (Adopted by the Committee of Ministers on
25 October 2000 at the 727th meeting of the Ministers’ Deputies)
6 One of the civil (personal) rights guaranteed by the International Covenant on Civil and
Political Rights
7 Preamble, Basic Principles on the Role of Lawyers (Adopted by the Eighth United Nations
Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba, 27
August to 7 September 1990)

8 Article 6 of the European Convention on Human Rights ( Rome, 4.ХI.1950)
9 Recommendation No. R(2000)21 of the Committee of Ministers to member States on the
freedom of exercise of the profession of lawyer (Adopted by the Committee of Ministers on
25 October 2000 at the 727th meeting of the Ministers’ Deputies)
10 The data was received by the Ukrainian National Bar Association from the
Prosecutor-General's Office of Ukraine
11 Potentially approximately 300 offences a year
12 Letter from Yo.L. Bronz, Chairman of the Odesa Regional Bar Council (No. 2131019-18
dated 3 May 2018)
13 The analysis has been prepared by Iurii Grygorenko, a member of the Committee on
Protection of Attorneys’ Professional Rights and Guarantees
14 Data from the Report on Violations of Attorneys' Professional Rights and Guarantees in
Ukraine for 2013-2016 approved by Decision of the Bar Council of Ukraine No. 2 dated 26
February 2016, page 27.
15 Letter from H.L. Boryak, Head of the UNBA Committee on Protection of Attorneys’
Professional Rights and guarantees (No. 372/0/2-18 dated 10 April 2018)
16 Ibid

17 By his ruling dated 26 September 2016, the investigating judge changed the preventive
measure of pre-trial detention to house arrest of the attorney. However, NABU officers
detained Oleksandr Serhiienko on the same day
18 The information was received from attorney Volodymyr Klochkov (Letter "Main violations
of effective legislation of Ukraine, which were committed against attorney Oleksandr
Petrovych Serhiienko in criminal proceedings No. 52015000000000002 (so-called "Gas
case") (changed to criminal proceedings No. 52017000000000106 in February 2017)

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