Page 8 - Report on the infringement of rights and guarantees of attorneys in Ukraine

NATIONAL
GUARANTEES
OF ADVOCACY

The Constitution The Criminal Code The Criminal The Law of Ukraine
of Ukraine of Ukraine Procedure "On the Bar
Code of Ukraine and Practice
of Law"
guarantees the provides for a number provides for de facto reflects the
exercise of legal of leverage tools, guarantees of the above provisions of
practice ranging from the right of defence, international legal
possibility of quashing which reflect the instruments and treaties
a decision, which was provisions defined by
delivered with a the Body of Principles
violation of the right to for the Protection of
defence (Article 409 All Persons under Any
of the Criminal Form of Detention or
Procedure Code of Imprisonment, 1988,
Ukraine (hereinafter – and the Basic
the “CPC”)), to liability Principles on the Role
for unlawful acts of Lawyers, 1990
against an attorney
pursuant to effective
legislation of Ukraine

THE CONSTITUTION OF UKRAINE

guarantees a detained person the right of defence in court, adherence to adversarial
procedure and the principle of equality of all participants in a trial (Article 129). The legal status
and the guarantee of independence of legal practice were also enshrined at the level of the
Basic Law (Article 131 ) following the amendments to the Constitution dated 2 June 2016.
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THE CRIMINAL CODE OF UKRAINE

provides liability for:
violation of the right of defence by denying access to or failing to provide a defence counsel
in a timely manner, as well as other gross violations of the right of a suspected or accused
person of defence committed by an investigator, prosecutor or judge (Article 374);
interference with the activities of a person’s defence counsel or representative by creating
obstacles in any form to the lawful activity of a person's defence counsel or representative
providing legal aid, or violation of the guarantees of their activities and legal professional
privilege provided by law (Article 397);
threatened violence or violence against a person’s defence counsel or representative, as well
as their close relatives in connection with activities related to the provision of legal aid (Article
398);
deliberate destruction or damage to property belonging to a person’s defence counsel or
representative or their close relatives in connection with activities related to the provision of
legal aid (Article 399);
murder or attempted murder of a person’s defence counsel or representative or their close
relatives in connection with activities related to the provision of legal aid (Article 400).

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