“Why the Law of Ukraine under the guise of “international standards” does not protect ordinary lawyers, but detrimental to freedom of speech.”, – WRITE: www.pravda.com.ua
Authors:
Yaroslav Kuzyshyn, Dejure Foundation Advocate
Kateryna Shevchuk, dejure Foundation Communication Manager
Advertising:
Soon a journalist or public activist may name the name of a lawyer who protects the person being resonant and … to receive a fine.
The new law, recently adopted by the Verkhovna Rada (No. 12320), can change the rules of the game for the media, human rights activists and lawyers themselves. Formally, it is about protecting the profession. But the content, context and authors of the document point to another: it is a control tool, not protection.
Why does this document under the guise of “international standards” do not protect ordinary lawyers but harm freedom of speech? We explain.
What is the new law adopted by the Verkhovna Rada? On July 16, the Parliament voted for a law that introduces administrative responsibility for the public identification of a lawyer with his client. For – 262 people’s deputies from the “servant of the people”, Exopszh and “Motherland”.
The Law supplements the Code of Administrative Offenses with a new Article 185-16. It introduces a fine from 3400 to 6800 UAH, and for repeated violation during the year – from 10 200 to 13 600 UAH.
The protocols will be drawn up by the chairman or authorized members of the Council of Lawyers of the Regions, and local courts will be considered.
What is the identification of a lawyer with the client? This is not Ukrainian know-how. The ban on identifying a lawyer with a client is an internationally recognized principle. Article 18 of the Basic Principles of the UN about the role of lawyers indicates: “Lawyers should not identify with clients and their affairs in connection with the performance of professional duties.”
Everyone has the right to defense. And the lawyer does not become a criminal only because he protects the offender. But in politically sensitive cases, this rule is sometimes ignored. As a result, threats, intimidation, searches, criminal cases against the lawyers themselves. Article 16 of the Basic Principles on the role of lawyers obliges States to protect lawyers from improper interference in professional activity. However, the state itself, in the person of its law enforcement, is often guilty of pursuing lawyers. You can remember the beating of lawyers who defended the participants of the Revolution of Dignity.
In Turkey, lawyers who protect the persons accused of terrorism are pursued as accomplices: searches, arrests, proceedings. In Colombia, the lawyers are considered “left”, monitoring, looting offices, intimidating, arresting and even killing.
Darya Sviridova, lawyer, partner AO “Azones” comments: “Exacerbation of the problem of identifying a lawyer with a client in war is. The question is whether this bill is the best way to overcome these challenges, not to create challenges for the journalistic community?
And how did you identify in the Ukrainian new law? Words – many, in fact – blurred:
“Identifying a lawyer with a client-any identification (association, association) of a lawyer with the client, with the activities or actions of his client, which creates a biased attitude towards the lawyer, indicates the personal involvement of the lawyer in the client’s case, influences the independent status impedes the exercise of the rights of the lawyer provided for in the Law of Ukraine “On Advocacy and Advocacy”.
Formulations such as “biased attitude” or “negative pressure” are subjective.
Daria Sviridova explains: “This bill offers a great opportunity to interpret” identification “and put serious challenges to comply with the principle of legal certainty. This, in turn, opens an unlimited field for abuse.”
If you wish, any publication mentioned in the context of the case can be treated as a violation. And this is a green zone for the persecution of journalists, analysts, public associations, and an offensive on freedom of speech.
Who will decide what is “identification”? Regional Councils of Advocates. And there are two serious problems.
First, the term of office of all councils expired three years ago. Since then, it is difficult to call them representative bodies of the lawyer community.
Secondly, a large number of lawyers are under the control of Lydia Izovitova-the head of the National Association of Lawyers of Ukraine (NAAU), which is associated with Viktor Medvedchuk. Therefore, there is a risk that these councils will be not for reasons of justice but “on behalf of”, in particular from the office to Borisoglebskaya.
We are already seeing how NAAU protects “its”. For example, the lawyer close to the Izovite lawyer is public support for the Association. Others – only formal records such as “taken into account”.
Who is under this law and why right now? The initiator is the National Bar Association of Ukraine – a structure that has long been trying to silence lawyers by presenting disciplinary complaints on them. Now – he wants to be silent and journalists. It is interesting how this bill appeared just when the public began to pay attention to the problems of the lawyer in Ukraine. However, some steps from the Association were also to the bill: they recently threatened to file a crime about journalists of the “Mirror of the Week”, which described the deep crisis of the lawyer on the example of the case of the so-called “honors”.
The law was submitted by Gregory Mamka (Exopszh), Maxim Buzhansky (known for attempts to cancel the language law and legalize Russian in parliament), Sergey Ionushas of the Servants (Chairman of the Board of the Council of the Council).
The key amendment that actually prohibits the mention of the lawyer’s involvement in the case was made by Antonina Slavic, the person involved in the films of the District Administrative Court of Kyiv (OASK) and close to his exhibit – Pavel Vovk.
Do it really identify lawyers with clients in Ukraine? Not every lawyer who protects the famous person faces such identification. Why? Because usually there is nothing about the lawyer’s actions that he would indicate that he shares his client’s views or is a complicit in his crimes.
Lawyer Valery Bunyak explains: “As a lawyer, he never felt the” Association with the Client. “Although he defended various clients, such as Nestor Shufrych or the guy accused of beating Tatiana Chornovol.
In my opinion, there are two cases when the reputation of a lawyer can harm the case.
The first is when everyone thinks that a person is a criminal (a killer, a rapist, committed an accident, etc.), but came to freedom through misconduct (or bribe) of a lawyer. But people will blame the judges rather than a lawyer – this is already a reputation of judges, here I do not see exactly identification with the client.
Another case is when a lawyer protects a well -known policy in a resonant business. But even here, “identification” is possible when the lawyer is not only protected by politics, but also promotes a certain political idea, as in the case of Yanukovych’s lawyers. In doing so, even money often gets not from the customer Or his relatives and third parties. “
Actually, Vitaliy Serdyuk’s lawyer is often identified with his client Yanukovych. But the question: Did the services of Serdyuk and Aver Lex, in which he is a partner, only legal support within the law? Or another example is Valentin Rybin, who systematically defended pro -Russian politicians – Medvedchuk, Sharia, and pearls. Then he became part of the occupying power of Kherson region and was suspected of collaboration.
Does this law meet European practices? No. In civilized countries, a lawyer, if he believed that was told a lie, is entitled to a display lawsuit. Evaluation judgments are not a ground for responsibility in Europe or Ukraine.
The “identification” law is an attempt to be held accountable for such judgments. That is, it is a direct threat to freedom of speech.
Lawyer Valery Bunyak: ”I consider the bill “On the identification of a lawyer with the client” extremely harmful and not only disproportionately limits the right to freedom of speech, but also harms a decent lawyers and the lawyer as a whole. ”
What to do? This law is an attempt to cover international standards to prohibit criticism from media and the public. But this is a substitution of concepts. He was voted in voted by representatives of the “servant of the people”, the former OPZZ and the “Motherland” – the same political forces that supported the law that undermines NABU and SAP independence. As a result, we have two acts that threaten democratic institutions.
At the same time, the President can still vet the identification law to prevent rolling to the model, where “his” lawyers are protected, and journalists – under pressure.
A column is a material that reflects the author’s point of view. The text of the column does not claim the objectivity and comprehensive coverage of the topic that rises in it. The editorial board of “Ukrainian Truth” is not responsible for the accuracy and interpretation of the information provided and plays only the role of the carrier. The point of view of the UP editorial board may not coincide with the point of view of the author of the column.