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Lawyers VS Security forces: a legislative step towards competition

Using criminal proceedings to influence lawyers has a kind of «cooling effect». It causes the legal profession to be wary of, or even avoid, certain clients, thus undermining the right to legal assistance guaranteed by the constitution.

In a special article for TSN, Oleh Malinevskyi, managing partner at EQUITY, and Denys Tuz, a junior associate, examine how the law enforcement system works.

  • how the law enforcement system uses proceedings to put pressure on lawyers;
  • why this practice endangers the independence of the legal profession and the principle of adversarial proceedings;
  • why clients are the main victims when the role of the defence attorney is weakened;
  • what legal protection mechanisms the state should guarantee, in particular through the introduction of filters such as the consent of the High Council of Justice;
  • why the proposed bill No. 13453 is a logical step towards achieving a legal balance between the defense and the prosecution.

The article provides a detailed analysis of new legislative initiatives in Ukraine that aim to strengthen legal practice guarantees and align them with European standards.

For more details, please follow the link.

 

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Oleh Malinevskyi, Denys Tuz