The Committee on the Protection of Rights and Guarantees of the Legal Profession of the Ukrainian National Bar Association has established that the online publication “Ukrainska Pravda” committed a gross violation of the rights and guarantees of the legal profession of attorney Oleksandr Tananakin.
During the investigation of the attorney’s complaint, it was established that representatives of the media outlet engaged in the unauthorized collection and subsequent disclosure — without the consent of the attorney or his client — of information and a document obtained by the attorney while practicing law in criminal proceedings, by publishing them on the outlet’s official website.
The UNAA Committee noted that such actions are unacceptable, as they violate the provisions of Articles 22 and 23 of the Law “On the Bar and the Practice of Law.”
The professional rights, honor, and dignity of a lawyer are guaranteed and protected by the Constitution and other laws. In particular, it is prohibited to inspect, disclose, demand, or seize documents related to the practice of law.
Persons guilty of allowing unauthorized access to attorney-client privilege or of disclosing such privilege shall be held liable in accordance with the law. Article 397 of the Criminal Code establishes criminal liability for interference with the activities of a defense attorney or a person’s representative.
The Committee for the Protection of the Rights and Guarantees of the Legal Profession of the Ukrainian National Bar Association has prepared and sent official letters demanding the removal of the published information and the conduct of an impartial investigation into the circumstances in question.
The National Bar Association of Ukraine, in accordance with applicable law, protects the professional rights of attorneys and ensures guarantees for the practice of law.
Author: NAAU
Source: NAAU