Should lawyers interfere in the processes of mobilization and passing of the VLK: comment of the representative of the National Association of Lawyers of Ukraine

The recent scandal in the Volyn regional territorial center of recruitment and social support drew public attention to the issue of the role of lawyers in the processes of mobilization and passing the military medical commission. Representatives of the center came out with a sharp statement that lawyers should not interfere in these processes, because it could threaten national security.

The National Association of Lawyers of Ukraine (NAAU) did not hesitate to respond, strongly criticizing such a position and emphasizing the importance of observing the rights of citizens even under martial law.

The Volyn Regional TCC presented four key arguments as to why the intervention of lawyers in the processes of mobilization and medical examination is undesirable:

1. Mobilization and medical examination procedures are specialized in nature and require appropriate knowledge and skills that only authorized officials and medical specialists possess. The intervention of lawyers can lead to a violation of the accuracy and professionalism of these processes.
2. The intervention of lawyers can violate the objectivity and independence of the process of mobilization and medical examination. Representatives of the TCC believe that national security requires that these processes remain under the control of only specialists, which excludes the possibility of external influence.
3. Mobilization and medical examination procedures are critical to national security, so their execution must be outside the influence of any outside persons or organizations. The Volyn TCC emphasizes that lawyers, as outsiders, should not interfere in these processes.
4. According to Clause 58 of Resolution No. 560, which regulates the procedure for conscription of citizens for military service during mobilization in a special period, persons who have the right to postponement must personally submit documents to the head of the commission of the TCC and SP. This rule emphasizes the importance of each citizen’s personal responsibility for filing such documents, making the involvement of lawyers unnecessary.

Deputy Chairman of the Committee for the Protection of Lawyers’ Rights and Guarantees of Advocacy of the NAAU Ihor Kolesnikov acutely criticized the position of the Volyn TCC. He stated that such a position is a manifestation of the worst legal nihilism in Ukraine during the entire period of its independence. Kolesnikov emphasized that such actions may contain signs of the crime provided for in Article 397 of the Criminal Code of Ukraine, which refers to interference in the activities of a defense attorney or a person’s representative. He also emphasized that such actions cannot be justified even under martial law.

“Advocacy is a constitutional institution without which justice is impossible, and without which Ukraine cannot be perceived as a state governed by the rule of law. This is an axiom. The Constitution of Ukraine entrusts the advocacy with the task of providing professional legal assistance, and this right cannot be limited even under martial law. under pressure, lawyers continue to protect the legal rights of Ukrainian citizens, including during mobilization.” – Kolesnikov said.

He reminded that in accordance with the Law of Ukraine “On Advocacy and Advocacy”, lawyers have the right to perform any actions that are not prohibited by the law, the rules of lawyer’s ethics and the contract on the provision of legal aid. This includes:

• representation and protection of the rights, freedoms and interests of individuals in state authorities, enterprises, institutions and organizations regardless of the form of ownership, as well as in officials who have the authority to resolve relevant issues;
• familiarization with documents and materials necessary for the implementation of advocacy activities in enterprises, institutions and organizations;
• drafting and submitting applications, complaints, motions and other legal documents;
• submission of petitions and complaints when receiving officials.

“Calling the lawyer’s exercise of his professional rights to protect human rights “interference” in “objective and independent” mobilization procedures is pure Oruelism, behind which they try to hide the real problems of the state and society. Difficulties with obtaining documents, excessive bureaucracy, unprofessionalism of officials , in particular employees of the TCC – aren’t these reasons forcing our citizens to seek professional legal help from lawyers? When conscripts feel unprotected, when they cannot use help against the background of violation of their rights and freedoms, how does this affect the motivation to fulfill their constitutional duty “connection to the protection of the Motherland?” – stressed the deputy chairman of the Committee for the Protection of Lawyers’ Rights and Guarantees of Lawyers’ Activities of NAAU.

Kolesnikov also noted that the position of the Volyn TCC, which ignores the guarantees of advocacy, violates not only national legislation, but also international standards defined in the UN Basic Principles regarding the role of lawyers. This shows that there is pressure on lawyers in Ukraine, which interferes with their professional activities and makes it impossible to ensure proper protection of the rights and freedoms of citizens.