Дотримання гарантій адвокатської діяльності в Україні в умовах воєнного стану: проблеми та шляхи їх вирішення

The article analyses the problems of observance of the guarantees of the practice of advocacy in Ukraine under martial rule and suggests ways to solve such problems. The authors note that the introduction of martial rule in Ukraine on 24 February 2022 has significantly changed the advocacy profession. The bar self-government bodies took many actions to assist both advocates and public authorities in the fight against russian aggression, and many advocates provided various assistance caused by the circumstances of the war. However, a systematic analysis of the reports of the bar self-government bodies (for 2021-2023) showed an increase in the level of violations of the rights of attorneys, some of which were new - caused by the provision of legal aid under martial rule. These include serving subpoenas on advocates directly during investigative actions or court hearings in order to eliminate an inconvenient, overly active advocate, identification of an advocate with his or her client (especially in criminal proceedings related to armed aggression) by the media or social media, etc, complaints about bringing advocates to disciplinary responsibility failure to appear or termination of participation of an advocate in court hearings or failure to appear before other bodies in which he or she participates to provide legal aid, if this is due to the consequences of the war, inability of an advocate to provide legal aid during curfew due to the absence of a special permit for movement under these conditions. In conclusion, the authors have developed recommendations for certain measures to strengthen the guarantees of the practice of advocacy, both organisational and legal education. The authors point out the need for advocates to obtain permits for movement during curfew due to the need to ensure the client’s right to free choice of a defender of his/her rights, it is necessary to hold joint meetings of the bar self-government bodies with representatives of the pre-trial investigation authorities, the prosecutor’s office, territorial centres for recruitment and social support, as well as to conduct a set of legal education activities. The conclusions also propose amendments to the Law of Ukraine «On the Advocacy and Practice of Law».