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Constant updating of knowledge, tracking innovations in law and law practice, in criminal law and process are the key to professionalism for lawyers, for their effective strategic legal protection of clients, and their willingness to support their clients at every stage of the criminal process.
On 08-09.11.2018, lawyers Irina Gulaya and Vasina Daria took part in the V All-Ukrainian Conference on Criminal Law and Process, which was held at the Radisson Blue Hotel. This conference is a unique event that serves as a platform for discussing and solving problems in the field of criminal law and process, discussing the practical application of the Convention for the Protection of Human Rights and Fundamental Freedoms, and decisions of the ECHR in national criminal proceedings; on the newly established jurisprudence of the Supreme Court and the Grand Chamber of the Supreme Court in criminal proceedings. At this conference, the positive and growing trend of acquitting sentences in Ukraine was not set aside.
It should be noted that the lawyers attendees had a real opportunity to raise the most urgent issues that have been developed in modern judicial practice in hearing criminal cases. Judges of the Supreme court, who took part in the panel discussion, noted that unstable legislation and the low quality of regulations became an acute problem to deal with formation of new judicial practices. It was also noted that currently there a very large personnel problem arose, namely the lack of the required number of investigative judges, which encourages the violation of norms of procedural law by courts, including terms of consideration of various applications, petitions, particularly petitions on application of pre-trial restrictions.
In addition, the issues of protection of rights and professional guarantees of lawyers sparked the interest of the audience. Special attention has been paid to gross violations of the rights of lawyers, the ways of suppression in high-profile matters and countering, which, unfortunately, are becoming routine in our constitutional democracy state.
The discussions also touched upon the draft law developed by the Council on Judicial Reform and submitted by the President of Ukraine to the Parliament, under which the most pressing issues of the advocacy, which undergoes a systemic crisis, were raised. The crisis, in particular, is caused by the inanimation of the lawyer community, the low level of public understanding of the role of a lawyer in the process, and the constant desire to identify a lawyer with his client. The relationship between a lawyer and law enforcement agencies, which often do not have respect for the professional duties of a lawyer, also poses a problem.
The situation that has been created in human rights activities often deprives a lawyer of legal influence on the situation, and as a result – the latter falls under the roller of the repressive machine of the state and corrupted institutions.
Thus, lawyers should consolidate, protect one another and the rights of everyone by all possible legal means, and reporting to authoritative media is often the only possible lever in an unequal struggle going on between the state through its bodies and a lawyer.