Council of Europe Convention on the Protection of Lawyers: Why it is critically important for Ukraine to sign it and who is "stalling" - comment by the UNBA

Despite the fact that Ukraine participated in the preparation of the Council of Europe Convention on the Protection of the Legal Profession, our state has not yet acceded to this international document. The National Association of Advocates of Ukraine (NAAU) is convinced that the signing and ratification of the Convention is not a matter of politics, but a matter of legal security and guarantees for the entire legal system of the country, reports UNN.

The Convention provides for a number of key provisions without which the Bar cannot function effectively: guarantees of independence, security, inviolability of attorney-client privilege, and the right to unhindered communication with the client, emphasizes Yevheniy Solodko, Chairman of the Committee for the Protection of the Rights of Advocates and Guarantees of Advocacy, in an interview with "ZiB".

It is important that the document also establishes an international control mechanism - a special group of experts will have the authority to monitor compliance with standards in participating countries.

The document itself is critical for us. It did not arise in a vacuum. The Convention is a response to numerous facts of persecution, attacks and pressure on lawyers in various European countries, including the member states of the Council of Europe themselves. As for Ukraine, we have already talked about searches, beatings, illegal investigative actions... That is why this Convention was created - to put the protection of lawyers on an international legal track

One example of such violations was the incident that occurred in Kyiv: hidden listening devices and suspicious persons, who were likely employees of the NABU operational services, were found in the lawyers' office. This led to the so-called "urgent search", which, according to the NAAU, was accompanied by serious violations of the law - primarily regarding the inviolability of attorney-client privilege. UNN wrote more about this case in its article. 

This is not a formality or some privilege. This is trust between a lawyer and a client. It can be compared to confession to a priest. That is why the law recognized it as inviolable. If we allow even the slightest possibility of its violation, it will be a disaster for the entire legal system. Not only for an individual lawyer, not for an individual case - for the system as a whole

In response to the incident, the NAAU filed a complaint with the Prosecutor General's Office against NABU detectives.

The NAAU emphasizes that the signing of the Convention would allow lawyers not only to defend themselves within the country, but also to appeal to international mechanisms in case of harassment. And most importantly, it would be a signal of the state's readiness to comply with European standards of justice. Currently, the document is "stuck" in the Ministry of Justice.

Solodko also drew attention to the problem in Ukrainian courts, which are mostly dependent on the prosecution.

If the courts come out from under the influence of law enforcement officers, stop mechanically agreeing with all their motions, and really become a judicial branch of government, not an instrument of investigation - that would be ideal. After all, the main problem is not the lack of norms, but the lack of a real legal culture: respect for the law, the limits of authority and mutual balance in the system

As a reminder, the Verkhovna Rada is preparing to adopt a law prohibiting the identification of a lawyer with a client. Administrative and criminal liability is envisaged. The legislative initiative was a response to the systemic violation of guarantees of advocacy, in particular, the public identification of lawyers with their clients. According to official statistics, 15 cases of illegal interference with the activities of a defender were registered in 2022, 46 in 2023, and another 46 in the first eight months of 2024 alone. At the same time, no suspicion was reported in any of these proceedings. This indicates the ineffectiveness of the current mechanism for the protection of lawyers, the authors claim. 

We would also like to add that the Council of Europe has adopted the first Convention on the Protection of the Legal Profession, which establishes international standards for guarantees of independence and security of lawyers. Ukraine has already declared its intention to ratify this document in the near future, but the document is "stuck" in the Ministry of Justice.