On 01 March 2016, EU Project “Support to Justice Sector Reforms in Ukraine” and Ukrainian Bar Association organized a discussion on the actual situation with the safeguarding of advocates’ guarantees during the searches in advocates’ office.
The following speakers participated in the event: Rytis Jokubauskas, Expert of the EU Project “Support to Justice Sector Reforms in Ukraine”, Stanislav Kravchenko, Deputy Head of the High Specialized Court of Ukraine on Civil and Criminal Cases, Yevheniy Solodko, Head of the UBA Committee on Criminal and Criminal-Procedural Law and Deputy Head of the Committee on Protection of Advocates’ Rights and Guarantees of the Practice of Law of the Ukrainian National Bar Association and the lawyer Yevhen Hrushovets.
Event participants noted that the advocates were not always able to practically exercise and enjoy the existing guarantees of their rights protection, while a search authorization in advocate’s office was used by the law enforcement bodies as a means of pressure. According to Rytis Jokubauskas, Ukrainian advocates should more actively cooperate within their community to protect their rights and together with judges facilitate the strengthening of the independence of the judiciary to change the existing practices and support the establishment of the rule of law state.
At the beginning of 2014 the Plenary Session of the High Specialized Court of Ukraine approved the Summary of the case law on consideration by the investigator judges of the motions residential premises or other property search authorization. The summary focuses of strict compliance with the legislative requirements during the consideration of motions involving the search of residential property or other property of an advocate taking into account additional guarantees, provided, in particular, by the Law of Ukraine “On the Bar”.