The Current Administrative and Legal Status of the Bar in Ukraine: Problems and Ways to Solve Them
Abstract
Abstract. The article examines the current administrative and legal status of the bar in Ukraine as a key institution for ensuring the right to professional legal assistance. It has been established that the bar occupies a special place in the system of protection of human rights and freedoms, and its administrative and legal status covers such elements as legal capacity, capacity to act, capacity to commit offences, guarantees of independence and bar self-government. Attention is focused on the normative consolidation of the status of the bar in the Constitution of Ukraine and the Law of Ukraine ‘On the Bar and Legal Practice’, as well as on practical problems that arise during the implementation of these provisions in modern conditions. Particular attention is paid to the impact of martial law and socio-political challenges on the activities of attorneys. Problems requiring urgent solutions are analysed: violations of the procedure for conducting searches in the homes or other premises of attorneys, failure to comply with guarantees of attorney-client privilege, limited access of attorneys to clients, as well as issues of personal safety of representatives of the profession. The author emphasizes that the existing shortcomings in law enforcement necessitate the improvement of legislation and the professional development of both attorneys and law enforcement officers. The author proposed ways to solve the these problems: improving the procedural process of searches with the mandatory participation of a representative of the bar self-government bodies, introducing disciplinary liability for abuse of the right to attorney-client privilege, expanding guarantees of access for attorneys to their clients during martial law, and legislatively granting attorneys the right to use means of self-defence. It is emphasised that the development of the bar should be carried out in accordance with European standards, in particular the provisions of the Council of Europe Convention on the Protection of the Legal Profession (2025), as well as in the context of the digitalisation of legal practice. The author concluded that the administrative and legal status of the legal profession is in a state of dynamic development, combining positive changes and a number of problematic aspects. Further improvement of this institution should be based on a balance between the independence of the legal profession, the effectiveness of protecting citizens' rights and ensuring the interests of justice.
Keywords: attorney; administrative and legal status; attorney-client privilege; guarantees of independence; martial law; legal aid; search.
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References
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