On October 7, 2016,\u00a0 the protest action was organised by Council of lawyers of the Kyiv city\u00a0 and Lawyers Council of Kiev region took place in Kyiv. Though this action will take place under walls of the Verkhovna Rada of Ukraine. However, the problems to which lawyers will pay attention, don\u2019t concern people\u2019s deputies. It will be a \u00a0light respect for the rights of lawyers to the implementation of the professional rights and duties.<\/p>\n
The repeated lawyer\u2019s rights violation \u00a0on the protection of the clients were fixed last year. It was consisted in prevention to carry out investigative actions \u00a0such as a search, survey etc. The specified violations became a reason for discussions between a lawyer community and representatives of law enforcement agencies.<\/p>\n
As a result of such discussions, \u00a0 the uniform position was formed at \u00a0the beginning of 2016. It \u00a0had been stated in the Yuriy Sevruk \u00a0(an acting General Prosecutor of Ukraine) \u00a0letter \u00a0\u00a0on prevention of violation of constitutional rights on the qualified protection<\/strong>\u00a0and lawyers \u00a0participation ensuring during the \u00a0carrying out \u00a0of the investigative and other procedural actions. However, the specified explanation has only informative isn\u2019t always executed by law enforcement authorities.<\/p>\n Such situation hasn\u2019t caused a considerable concern as a \u201clawyers vs law enforcement authorities\u201dopposition \u00a0is \u00a0always. Both parties used professional cunnings and gaps of the legislation to incline a bowl of scales in their favour.<\/p>\n The single question on an above-mentioned action will consider\u00a0a question of lawyers position ignoring<\/strong>\u00a0 by the consideration of criminal proceedings in judicial instances. However, People\u2019s Deputies tell about judicial reform process providing and its positive sides. The \u00a0justice charges as an archaism of the Soviet period prevails at decision-making. Judges, investigative judges during consideration both criminal proceedings in general and single questions ignore arguments of the party of protection, break the principle of competitiveness, giving preference to the state charge and a position of law enforcement authorities.<\/p>\n Recently defenders have found an influence method in such\u00a0 a situation by the involvement of representatives of the public and publicising of such processes in media. However, it concerns generally resonant affairs which attract public interest. Generally, the lawyer \u00a0comes up against a situation during judicial proceedings when he not only competes with the prosecutor but also to resist to all engaged judicial system.<\/p>\n Violation of the basic principles of lawyer activity<\/strong>\u00a0which are guaranteed by the law and the Constitution of Ukraine became the last straw which has pushed lawyer community to resolute actions:<\/p>\n \u201cintervention in lawyer activity, withdrawal of the documents \u00a0are connected with the implementation of lawyer activity and as a result, the \u00a0disclosure of the lawyer\u2019s secret, law enforcements\u201d.<\/p><\/blockquote>\n A Brief information and conclusions<\/strong><\/p>\n Recently \u00a0the searches have become a norm for the \u00a0law enforcement authorities who perform it in certain lawyers and in firms of attorneys . At the same time, any arguments concerning the illegality of actions and aren\u2019t taken into account at all. Many \u00a0documents which concern many lawyers \u00a0clients, withdrawal of the data which containing correspondence of the lawyer with the client during the searches are the gross violation of the current legislation. The main point of this problem is \u00a0 the attorney professional rights neglect \u00a0of judicial and law-enforcement systems.<\/p>\n Thus, above-mentioned problems level institute of the legal profession, having influenced on it \u00a0illegally. It threatens the \u00a0development of the constitutional state and breaks guarantees for protection not only lawyers but also all society.<\/p>\n","protected":false},"featured_media":115963,"menu_order":0,"template":"","newscat":[10],"newstag":[],"issues":[],"class_list":["post-115962","news","type-news","status-publish","has-post-thumbnail","hentry","newscat-analitika"],"_links":{"self":[{"href":"https:\/\/ldaily.ua\/en\/wp-json\/wp\/v2\/news\/115962","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/ldaily.ua\/en\/wp-json\/wp\/v2\/news"}],"about":[{"href":"https:\/\/ldaily.ua\/en\/wp-json\/wp\/v2\/types\/news"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/ldaily.ua\/en\/wp-json\/wp\/v2\/media\/115963"}],"wp:attachment":[{"href":"https:\/\/ldaily.ua\/en\/wp-json\/wp\/v2\/media?parent=115962"}],"wp:term":[{"taxonomy":"newscat","embeddable":true,"href":"https:\/\/ldaily.ua\/en\/wp-json\/wp\/v2\/newscat?post=115962"},{"taxonomy":"newstag","embeddable":true,"href":"https:\/\/ldaily.ua\/en\/wp-json\/wp\/v2\/newstag?post=115962"},{"taxonomy":"issues","embeddable":true,"href":"https:\/\/ldaily.ua\/en\/wp-json\/wp\/v2\/issues?post=115962"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}It deserves a special attention<\/h4>\n
Will Media help?<\/strong><\/h4>\n