FEATURES OF LAWYER ACTIVITIES DURING THE PERIOD OF MARTIAL STATE

Abstract

The article analyzes the features of legal practice during martial law. It has been determined that martial law in Ukraine has significantly affected the functioning of all institutions of state power, including the bar, as an independent human rights institution, which is designed to ensure everyone’s right to professional legal assistance, guaranteed by the Constitution of Ukraine. In these conditions, ensuring a balance between national security interests and respect for human rights and freedoms becomes of particular importance, where the lawyer acts as a key figure in the mechanism for protecting individual rights. It has been determined that during the period of martial law, restrictions on certain constitutional rights, the operation of special legal regimes, and increased risks to the life and safety of lawyers themselves are introduced, as well as a significant increase in the number of criminal proceedings related to war crimes, mobilization, internal displacement of persons, loss of property, and violations of labor, social, and humanitarian rights. In such conditions, a lawyer is forced to adapt traditional forms and methods of professional activity to new realities, while maintaining the principles of the rule of law, independence, confidentiality, and legal ethics. It is noted that during martial law, guarantees for legal practice are provided and the legislation clearly prohibits interference by state authorities, military command, or law enforcement agencies in the professional activities of a lawyer However, in today’s conditions, there are still risks of restricting lawyers’ access to clients, in particular to persons in places of detention or in combat zones. Therefore, the role of the National Bar Association of Ukraine, which performs self-governing functions and protects the professional rights of lawyers, is important. It is concluded that advocacy during martial law is characterized by a number of specific features caused by wartime, but continues to carry out its main tasks of protecting the rights, freedoms and legitimate interests of individuals, while adapting to the restrictions imposed, remaining the main actor in ensuring access to justice, compliance with fair trial standards and implementation of the rule of law, ensuring a balance between the interests of state security and the inviolability of fundamental human rights and freedoms.