Lawyers will collaborate with the prison service

The Committee for the Protection of the Rights of Lawyers and Guarantees of Advocacy at the UNBA (Ukrainian National Bar Association) and the Administration of the State Criminal Executive Service of Ukraine agreed on cooperation.

“Law and Business” reported it to UNBA.

Representatives of the Committee for the Protection of the Rights of Lawyers and Guarantees of Attorney at UNBA and the Administration of the State Criminal Executive Service of Ukraine discussed the violations by the staff of the penitentiary system and by lawyers, agreed to conduct a detailed analysis of the situation and prepare draft amendments to the by-laws, governing the procedure for attorneys to visit persons in custody and persons serving sentences in places of deprivation of liberty, as well as to begin developing Memorandums of the interaction in the sphere of protection of the rights of lawyers and the implementation guarantees of advocacy.

In addition, the parties agreed to develop a pilot project of electronic requests for calling clients by lawyers. The project will provide an opportunity to send scanned copies of the documents during the day that are necessary for invitation from a person in custody to receive legal aid. This will save a lot of time instead of waiting for the aforementioned invitation.

Also, representatives of the Committee explained the situation that has developed as a result of the issuance of fake lawyer’s certificates. Thus, a person’s admission to a pre-trial detention center with a fake certificate of the right to practice law is a risk to a person in custody. Moreover, the administration of the institution responsible for its security. Therefore, it is necessary to exclude admission to the pre-trial detention center of persons deprived of the right to practice law. Representatives of the Committee emphasize that information about a person having the right to practice law is contained only in the Unified Register of Lawyers of Ukraine. For their part, the employees of Administration of the State Criminal Executive Service expressed their readiness to verify the documents provided by the defender with the information contained in the Unified Register of Lawyers of Ukraine.

The parties agreed to hold a series of lectures on the training of personnel of the bodies of the Administration of the State Criminal Executive Service. The topic of the lectures will be the observance of the professional and procedural rights of lawyers and the implementation of guarantees of advocacy.

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