Criminal prosecution of lawyers in Ukraine: deformed justice as a threat to the national economy

In a democratic society, a lawyer is not just a law expert. It is a key guarantor of the implementation of the fundamental right to defense, as well as the mediator between the citizen and the state. In Ukraine, however, we have been seeing an alarming trend in Ukraine: lawyers have begun to be systematically persecuted. And it is not only about moral pressure or discredit – it is about criminal proceedings, searches, suspicions that arise as a result of the lawyer’s performance.

This is not only a problem of the legal community. It is a symptom of justice deformity as an institution that should not be a tool, but an arbiter of justice. And this deformation does not just create a legal collapse – it poses a serious threat to the economy, investment, business and public administration.

Demonstrative cases and alarming precedents Over the past few months, there have been several cases where criminal proceedings have been opened against lawyers. The lawyer of Stanislav Boris was suspected that he accompanied the client as a lawyer; In Odessa, the lawyer chose a pre -trial detention measure in the case in which she defended the suspect for almost a year; In Kiev, the lawyer’s office searches for alleged interference with the register of court decisions. And literally recently the news came that in Kiev law enforcement officers made an immediate search of a lawyer without a court order on the events that took place in 2019.

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These actions by law enforcement agencies have become possible because of the tolerant attitude of the state to such actions. Cancellation of pre -trial investigation in criminal proceedings, which can now investigate for life, narrowing of judicial control, searches without court decisions, formal announcement of the suspect in search, ignoring the role of a lawyer in the process, and finally, recognition of the lawyer as a “person in a person. And the worst part is the identification of a lawyer with his client, which contradicts the very essence of advocacy. It is a gradual destruction of the Bar Institute, which is the basis of the competitive process and justice.

From legal arbitrariness to economic instability The consequences of such a situation go far beyond the legal sphere. Business is the first victim of legal uncertainty. And not only because of the direct risks associated with criminal proceedings. The problem is deeper: it is a lack of reliable protection of business interests.

Loss of confidence in law as a defense instrument

Even if a lawyer cannot guarantee a protection – who can? If a lawyer is not able to stop the arbitrary actions of law enforcement-any business projection becomes vulnerable. In such circumstances, businesses abandon “white” strategies, reduce planning horizons, go into shadows or leave the market.

Investment appeal as an illusion

No investor – internal or external – will invest in a country where jurisdiction does not guarantee property rights and ensures protection. Legal unpredictability is the main stop factor for foreign capital. In such circumstances, IPO, venture financing, projected investment is an exception, not a rule.

Gray schemes are the only “protection”

If the Institute of Advocacy, which is created, does not protect, the entrepreneur is looking for an alternative. It can be an official, prosecutor or investigator – for “rollback”, for “arrangement”, but not within the law. This opens the door for shadow schemes, minimizes tax revenues, stimulates corruption.

System Fracture Balance in the triangle of justice The problem also lies in a fundamental distortion in the justice system or in the so -called “triangle of justice” (judge -prosecutor -advocate): the court ceases to be independent and impartial and increasingly identified with the charge. If the investigator or prosecutor actually controls the process and at the same time violates the rights of protection, and the court closes its eyes, we are dealing with imitating justice, not a real process.

This not only violates the rights of a lawyer or client. This questioned the very concept of the rule of law as an institutional pillar of democracy. In countries that declare a European integration course, it is unacceptable and dangerous.

Risks to the state: from economic exhaustion to moral collapse

Corruption logic of interaction with the state. If the business loses its ability to legally protect itself – it starts playing by “other” rules.

Capital outflow and meager growth. Without legal protection – there is no investment, without investment – there is no growth. Without growth – only stagnation and a budget crisis.

Motivational youth degradation. In a country where the lawyer is disenfranchised and “gray” schemes work, young people do not go into right or business. Goes to bureaucracy or emigrates.

Collapse of privacy. If the lawyers’ searches become the norm, confidentiality disappears as a phenomenon. If the client is not sure that his conversation with the lawyer will remain confidential – no citizen can feel safe. It is the collapse of trust in the state as an institution.

What should you change today

Increase the protection of lawyer at the level of law.
– inviolability of communication “lawyer – client”;
– to prohibit the assessment of the lawyer on the support of the client as actions aimed at promoting or hiding criminal acts;
– prohibit searches for lawyers without extremely significant grounds.

Increase judicial control over the investigation.
– to give investigating judges more authority to control the actions of investigators.

To establish the personal responsibility of law enforcement.
– disciplinary and material – for violation of the rights of the parties and damage caused to business by illegal actions.

Conclusion Criminal prosecution of lawyers is not an internal problem of lawyers. It is a lacquer piece of justice and a strategic threat to the state. It is not only necessary to mention the case of Vasyl Stus, a lawyer in which V. Medvedchuk acted. Do we need such a bar? Because without a lawyer there is no just court. Without an impartial and fair court, there is no rule of law. And without a rule of law, a stable economy cannot exist.

Respect for the lawyer’s profession is a test for the maturity of the state. Ukraine must take this test if it really seeks to be part of a developed, competitive, economically safe world.

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. Point of view The UP editions may not coincide with the point of view of the author of the column.