Features of Systematization of Violations of the Rights of a Lawyer by Law Enforcement Agencies during a Search of His Premises
Abstract
Abstract. The relevance of the study lies in the fact that the guarantees of legal activity in Ukraine are conditioned by existing systematic violations, one of the most typical of which is violations during searches of the lawyer's premises. Over the past few years, searches conducted in the property of lawyers, including their homes, office premises and vehicles, with rare exceptions, have gradually turned into a worrying trend. Violations of the rights of lawyers, disregard for legally established guarantees and abuse by law enforcement agencies have become not isolated episodes, but have become a systemic problem. Therefore, there is a need to both resolve existing practical aspects and take into account the prospects for regulating these relations, because advocacy is impossible without proper effective guarantees of advocacy independence. The article proposes the concept of violations of legal guarantees of advocacy and provides their classification. The actions to violate the independence of the professional activities of an advocate are established and outlined; actions to violate attorney-client privilege, as well as actions to unlawfully interfere with the implementation of the advocate's professional functions. The place of the violations themselves during searches of the advocate's premises in the system of violations of attorneys' professional guarantees is revealed. Having analyzed the violations committed by law enforcement agencies regarding the rights of an attorney, we came to the conclusion that during a search of his premises, various types of violations of the rights of an attorney may occur. In particular, both restrictions on the independence of the attorney's professional activities and violations of attorney-client privilege are simultaneously possible. The guarantee of effective implementation of the rights related to the professional activities of attorneys lies not only in their formal consolidation in the form of declarative norms, but also in ensuring the actual observance of these rights. This, in turn, involves the application of appropriate measures of legal responsibility to persons who violate current legislation. The institution of an independent bar plays an important positive role for the state, as it contributes to maintaining the balance of power and the formation of an effective system of checks and balances, which reduces the risk of various abuses.
Keywords: lawyer; legal practice; search; preservation of legal secrecy; guarantees; investigative (search) actions.
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References
Bilous, I.M. (2022). Peculiarities of conducting a search in urgent cases. Legal Scientific Electronic Journal, 9, 456-458. DOI: 10.32782/2524-0374/2022-9/113
Bosa, I.V. (2023). Guarantees of legal activity: features and mechanism of implementation. Scientific notes. Series "Law", 14, 210-215. DOI: 10.36550/2522-9230-2023-14-210-215
Chekmarova, I.M., & Reznichenko, H.S. (2025). Violation of the inviolability of housing: problems of qualification. Analytical and Comparative Law, 1, 676-680. DOI: 10.24144/2788-6018.2025.01.112
Chornous, Yu.M., & Hvozdiuk, V.V. (2020). Principles of conducting investigative (search) actions in the context of the practice of the European Court of Human Rights. Legal Journal of the National Academy of Internal Affairs, 1(19), 95-101. DOI: 10.33270/04201901.95
Drozdov, O.M., & Hlynska, N.V. (2024). Urgent search: in search of a balance between efficiency and observance of human rights. Analytical and comparative law, 4, 612-624. DOI: 10.24144/2788-6018.2024.04.103
Hachkevych, A., & Voitsekhivskyi, S. (2025). Some issues of procedural regulation of urgent search. Bulletin of the National University "Lviv Polytechnic". Series: "Legal Sciences", 12, 2(46), 66-78. DOI: 10.23939/law2025.46.066
Hvozdiuk, V.V. (2021). Tactics of conducting a search taking into account the practice of the European Court of Human Rights. Scientific Bulletin of Public and Private Law, 4, 206-211. DOI: 10.32844/2618-1258.2021.4.36
Koloda, A.A. (2024). Procedural errors of the investigator during the search: some aspects. Ukrainian police science: theory, legislation, practice, 4(12), 20-24. DOI: 10.32782/2709-9261-2024-4-12-4
Kotiv, M.R. (2025). Legal privilege or conditional guarantee? On the question of the absoluteness of attorney-client privilege. Scientific notes of the Lviv University of Business and Law. Series "Economic". "Legal", 44, 621-629. DOI: 10.5281/zenodo.17069333
Kovalenko, A.V., & Holovkov, D.S. (2024). Procedural problems of initiating a search and inspection of a person's home or other property. Ukrainian Police: Theory, Legislation, Practice, 5(1), 25-30. DOI: 10.32782/2709-9261-2022-1-5-5
Mozol, S.A., & Levchenko, Yu.O. (2025). Violation of the inviolability of housing: problems of law enforcement, qualification and responsibility under martial law in Ukraine. Analytical and Comparative Law, 4(3), 500-504. DOI: 10.24144/2788-6018.2025.04.3.76
Pertsova-Todorova, L.M. (2022). Ensuring the rights and legitimate interests of individuals during a search at the stage of pre-trial investigation. Candidate's thesis. Kyiv.
Prysiazhniuk, I.I. (2025). Legal regulation of the right to inviolability of housing and other personal possessions: changes over the last decade and prospects for development. Legal position, 3(48), 68-75. DOI: 10.32782/2521-6473.2025-3.12
Smirnov, O.S. (2023). Search in criminal proceedings. Candidate's thesis. Kropyvnytskyi. Retrieved from https://dnuvs.ukr.education/wp-content/uploads/2023/09/dys-smirnov-os.pdf
Tarasiuk, S.M. (2020). Criminal procedural mechanism for ensuring the constitutional rights of a person when conducting investigative (search) actions in his or her home or other possession. Candidate's thesis. Kyiv.
Tsyhaniuk, Yu.V., & Honcharov, M.S. (2025). Compliance with the guarantees of legal activity in Ukraine under martial law: problems and ways to solve them. Analytical and comparative law, 2, 1117-1123. DOI: 10.24144/2788-6018.2025.02.167
Vehera-Izhevska, I.V. (2018). Ensuring the right to inviolability of a person's home or other property in criminal proceedings. Candidate's thesis. Kharkiv.
Zaborovskyi, V.V. (2020). Guarantees as a means of ensuring information security of legal activities. State-building processes in Ukraine: current realities: theses add. based on materials of the All-Ukrainian scientific-practical conference (pp. 32-36). Uzhgorod: RIK-U. Retrieved from https://dspace.uzhnu.edu.ua/jspui/handle/lib/31352
Zaborovskyi, V.V. (2021). Restrictions on confidential communication between a lawyer and his client under the legislation of foreign countries and the practice of the ECHR. Scientific Bulletin of the Uzhhorod National University, 67, 291-295. DOI: 10.24144/2307-3322.2021.67.55
Zaiats, O.S. (2022). Intentional analysis of professional legal activity: philosophical and legal discourse. Doctor's thesis. Khmelnytskyi.
Zaiats, O.S. (2024). Legal provision of guarantees of legal activity in Ukraine. Scientific Bulletin of Uzhgorod National University, 84(4), 172-176. DOI: 10.24144/2307-3322.2024.84.4.24
Zelkina, T.Ye. (2021). Restrictions on the property rights of individuals in criminal proceedings at the stage of pre-trial investigation. Candidate's thesis. Kyiv.
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