On December 11, 2013 the Higher Qualification and Disciplinary Bar Commission received appeal from the Head of Shevchenkivskyi district Court of Kyiv Olena Meleshak on actions of an advocate Viktor Smaliy who defended Andriy Dzyndzia, an arrested journalist of the “Road Control”. It is mentioned in the appeal that during announcing by the investigative judge the court order on the preventive measures in the form of detention to Andriy Dzyndzia, an advocate Viktor Smaliy being dissatisfied with the court order with the purpose to prevent termination of the court processes and announce court ruling by using expletives and inflict bodily harm to the judge. Mentioned advocate’s actions have broken out a scuffle in the court room as well as led to the equipment damage.

The Head of the Commission Valentyn Zagariya emphasized on unacceptable behavior of the advocate in the court and commented events related to an advocate Viktor Smaliy: “First of all advocate shall obey the Law of Ukraine “On the Bar and Advocacy” and The Rules of Advocate’s Ethics. According to the Rules of Advocate’s Ethics during representing client in the court or acting as a defender advocate shall obey the requirements of the effective procedural legislation, the legislation on the bar and advocacy, on judiciary and judge’s status, other legislation that regulates behavior of the participants of the court process. During the trial advocate shall consider the court, behave gracefully and properly, not to disturb order in the court room, and, in case of dissatisfaction with the court order, react in the form envisaged by law, namely by providing appeals”.

The Commission will address the appeal on advocate’s Viktor Smaliy actions on consideration to the appropriate regional Qualification and Disciplinary Bar Commission.