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On November 13, 2013 mass media disseminated information that unknown individuals have broken into the premises rented by attorney Hanna Kolesnyk and suppressed documents breaking the demand of current legislation, in particular presence of the representatives of the regional attorney’s council who arrived at the place of investigation were not allowed to the scene.  According to the preliminary information provided by Hanna Kolesnyk representatives of the Security Service of Ukraine and prosecution worked in her office. Attorney connects these actions to performing her professional duties since she participates as defender in criminal cases regarding those detained in the Lukianivskyi detention facility, where her client’s rights are being violated.

The Higher Qualification and Disciplinary Bar Commission consistently noted that conducting investigations in relation to an attorney can be implemented only with the permission of the court, on the basis of a judgment at the request of the Prosecutor General of Ukraine, his deputies, the prosecutor of the Autonomous Republic of Crimea, regions, cities of Kyiv and Sevastopol. The Law of Ukraine “On the Bar and Advocacy” strictly forbiddens the review, disclosure, discovery or seizure of documents related to advocacy.

Also, the Higher Qualification and Disciplinary Bar Commission have repeatedly pointed out that according to the part 2 of the Article 23 of the Law of Ukraine “On the Bar and Advocacy” during the search or examination of home, other property of the attorney, the premises where he or she carries out advocacy, temporary access to attorney’s objects and documents representative of the regional board of advocates should be present. Execution of the mentioned demands is necessary to ensure the guarantees related to protection a client-lawyer privilege.

The Head of the Commission Valentyn Zagariya commented on the situation around attorney Hanna Kolesnyk: “Another violation of the attorney’s professional rights happened. Advocate’s self-governance bodies, especially the Higher Qualification and Disciplinary Bar Commission won’t disregard this accident. All measures foreseen by current legislation will be taken to protect attorney’s rights”.