The National Anti -Corruption Bureau of Ukraine (NABU) was in the center of the scandal due to the establishment of illegal listening in the office of the capital attorneys. This can lead to international condemnation and undermine confidence in the bureau, which is under a wave of criticism.
What happened?
About a month of NABU detectives recorded and listened to the conversations in the office of lawyers in the center of the capital. The "wiret" was discovered by the lawyers themselves - it was mounted in the floor from the lower floor, which detectives were rented specifically for these actions.
According to sources, an important fact is that at the time of listening there were no criminal proceedings against lawyers. And only after the "wiret" was discovered, on the same day, NABU detectives urgently registered the fact of criminal proceedings with the plot about the intervention of lawyers in electronic systems. However, this plot is not the jurisdiction of NABU because it is not a corruption crime. That is, it may not only be about the fact that NABU detectives acted in a forbidden way and collect information about the tactics and strategy of protecting their investigative, but also violated their jurisdiction, committing such actions.
It is unknown which judge of the Supreme Anti -Corruption Court allowed forbidden listening to lawyers. Instead, the data of the NABU investigative group and the SAP prosecutors are known: in particular, Yaroslav Voronezhsky and Fedor Oliynyk appear. Both of Andrei Kaluzhinsky's orbit, who was released from NABU with a scandal and a service investigation was initiated.
It should be noted that the protection of the confidential information of lawyers is one of the cornerstones of the legal profession. Therefore, such NABU detective actions may indicate prohibited methods: violations of both the Constitution of Ukraine and international legal standards that guarantee a lawyer.
Why is this important?
A lawyer's secret is the foundation of trust between a lawyer and a client. Without this principle, it is impossible to protect citizens in court or guarantee a fair process.
Obtaining confidential information can be used for manipulation, blackmail or undue pressure on both lawyers and their customers. This creates a dangerous precedent for the intervention of the state in the private life of citizens. If lawyers cannot protect the rights of their clients through the illegal actions of public authorities, it threatens the entire legal structure of the country.
What does the law say?
The Constitution of Ukraine guarantees every citizen the right to protection and lawyer (Article 59). The Law on Advocacy and Advocacy directly prohibits interference with lawyers and violations of their conversations with clients. Such actions are also contrary to international standards, in particular the European Convention on Human Rights (Article 8 is the right to respect for private and family life).
What are the consequences?
• The collapse of trust in NABU, which also balances on the verge of absolute distrust of Ukrainians according to extreme social research. The institution, designed to combat corruption, risks losing legitimacy, because its methods are contrary to the basic principles of law.
• International condemnation. Such actions can be caused by serious claims by international organizations, such as the Council of Europe or the Venetian Commission.
• Risk for a lawyer's profession. If such actions remain unpunished, lawyers will be threatened with constant monitoring, which will call into question their ability to protect customers.
