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Safeguards Advocacy

Safeguards Advocacy


1. Professional law attorney protected by law, enshrined in Art. 6 of the Law \u0026quot;On Advocacy\u0026quot;, as well as special laws for specific types of its activities. However, the mechanisms of their law are imperfect, and a guarantee of advocacy, which should guarantee including the realization of these rights in full - not enough to ensure proper performance of professional legal counsel office. Each provided professional counsel law should be fully implemented without hindrance from any person. Violation of these rights, the creation of obstacles to their implementation are unacceptable and, if approval for such violations and obstacles to the perpetrators of these acts should be strictly liable.

2. Until recently, violations of professional rights advocates and guarantees of their activities should not involve the responsibility of officials, they admitted. Only in the new Criminal Code of Ukraine, adopted in 2001, established criminal penalties for interfering with the activities of counsel or a representative of the person to whom the legislator considers a violation of guarantees of counsel or representative and professional secrecy, the commission in any form obstacles to the exercise of their legitimate activities to provide legal assistance.

3. Contents of \u0026quot;statutory safeguards of their activities, as well as professional secrecy, to which reference in Art. 397 of the Criminal Code, not determined. The law provides a guarantee of the profession, the duty to preserve secrecy law, and not \u0026quot;guarantees of counsel\u0026quot;, not \u0026quot;professional secrecy\u0026quot;, the responsibility for the violation referred to in the Penal Code. Guarantees of the profession under the Law \u0026quot;On Advocacy\u0026quot;, of course, apply to a lawyer and when he spoke counsel or representative, but they do not relate to other persons who by law may be admitted as advocates or representatives of person.

4. Professional law lawyer when he carries out duties of counsel, are also governed by the Criminal Procedural Code of Ukraine. For example, Art. 48 CPC provides the right to have counsel confidential interview with a suspect or accused, and after the first interrogation, such visits are permitted without the fire of their number and duration. This right can not be restricted or in any way diminished, visits can not be provided.

5. Examples of violations of professional rights advocates can bring a lot. Union lawyers repeatedly asked about these facts to the law enforcement officials regarding these violations, but they, unfortunately, still exist.

6. The need for strict observance of the legislation on guarantees of advocacy, elimination of violations of professional rights to counsel, to prevent interference in their activities, nepripustimosti facts of pressure on them highlighted in the Presidential Decree AOR September 1999 \u0026quot;On some measures to improve the work of the legal profession.\u0026quot;

7. Barring any intervention in the legal profession connected with the specifics of attorney executed legal services . Lawyer ethics rules stipulate that lawyer should not be in the performance of the customer\u0026#39;s order to follow the guidance of others regarding the content, forms, methods, sequence and timing of their professional rights and responsibilities, if they contradict his own view about the optimal form of execution.

8. In the circle of people who can not be interrogated as witnesses, lawyer\u0026#39;s secret components should include, besides a lawyer, his assistant, officials Bar Association, technicians.

9. According to the European Court of Human Rights to conduct a search in the apartment of a lawyer (office, apartment) with the violation of professional rights lawyer.

10. Ban wiretapping and review of correspondence, under Art. 31 of the Constitution, is of particular importance in the work of a lawyer, because it allows him to keep secret attorney, confidentiality of information entrusted to the client.

 

 
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