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TRANSFORMATION OF BAR IN WARTIME IN UKRAINE: ON THE WAY TO SUSTAINABLE DEVELOPMENT OF JUSTICE (ON THE EXAMPLE OF THE ODESA REGION)

Summary: 1. Introduction. – 2. Activity of Attorneys` Self-Governing Bodies of Ukraine in Wartime. – 3. Social Protection of Attorneys of Ukraine. – 4. Advocacy and Free Legal Aid. – 5. Volunteer Movement in Odesa Bar. – 6. Conclusions.

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Abstract About Author(s) References Reviews

Abstract

 Note from the Field 


Access to Justice Amid War in Ukraine Gateway 

Russia's war against Ukraine, launched on 24 February 2022, had determined new conditions for the existence of Ukrainian society, the state, and all fields of activity. The Bar was no exception. As an institution of civil society that protects human rights and interests, the Bar is an integral element of fair justice, the right which is inviolable even in wartime. However, the war made its corrections and created new rules, determining the specificity of the attorneys` activity, their behaviour, and the activity of the attorneys` self-governing bodies in wartime.

The article presents the analysis of the peculiarities of functioning of the Bar of Ukraine in wartime on the example of the Odesa region. Its choice is due to the history and ancient traditions of Odesa Bar, whose representatives have already experienced periods of military aggression, and the available information about the results of its activity in wartime in the modern period. In wartime, it is impossible to obtain and systematize such data regarding the whole territory of Ukraine because part of the state is under occupation, and active hostilities are taking place on the other part.

The author's analysis was based on the decisions of the Odesa Regional Bar Council, the results of the activity of the Odesa Regional Qualification and Disciplinary Commission of the Bar, the results of their interaction with the Odesa Regional Military Administration, Odesa City Council, volunteer formations, volunteer organizations and foreign colleagues.

The authors used a chronological method, synthesis and a method of information analysis. Actual statistical and empirical data are used for proper argumentation of the conclusions.

A conclusion was made about the internal consolidation, as well as the external ability of the Bar to act together with civil society institutions and public authorities in countering the armed aggression against Ukraine.

This article was prepared as part of the scientific project ‘Justice in the Context of Sustainable Development’ Project No. 22BF042-01 (2022-2024).

About Authors

 Oksana Khotynska-Nor

Professor, Dr. Sc (Law), Head of the Department, Law School, Taras Shevchenko National University of Kyiv, Ukraine oksananor@knu.ua  https://orcid.org/0000-0002-4480-6677   

Corresponding author, responsible for concept creation and text writing, as well as supervising the article. Competing interests: Although the author serves at the same institution as the Editor-in-Chief of AJEE, which may cause a potential conflict or the perception of bias, the final decisions for the publication of this article, including the choice of peer reviewers, were handled by the editor and the editorial board members, who are not affiliated with the same institution. Disclaimer: The author declares that her opinion and views expressed in this manuscript are free of any impact of any organizations.

 

Nana Bakaianova
Professor, Dr. Sc (Law), Head of the Department, National University ‘Odesa Law Academy’, Secretary of the Disciplinary Chamber of the Attorneys Qualification-Disciplinary Commission of the Odesa region, Attorney, Ukraine nana.bakayanova@onua.edu.ua  https://orcid.org/0000-0002-7669-0576   

Co-author, responsible for writing and data collection. Competing interests: The author has no competing interests to disclose. Disclaimer: The author declares that her opinion and views expressed in this manuscript are free of any impact of any organizations, including Ukrainian National Bar Аssociation, where she is a member.

Disclaimer: Both authors declare that their opinions and views expressed in this manuscript are free of any impact of any organizations. 


Translation: The content of this article was translated with the participation of third parties under the authors’ responsibility.


Funding: This work was supported by the Ministry of Education and Science of Ukraine [Project No. 22BF042-01 (2022-2024)]. 


Managing editor – Dr. Olena Terekh. English Editors – Mg. Anastasiia Kovtun and Dr. Yuliia Baklazhenko.


Copyright: © 2022 O Khotynska-Nor, N Bakaianova. This is an open access article distributed under the terms of the Creative Commons Attribution License, (CC BY 4.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited.

References

  1. Uhrynovska O, Vitskar A, ‘Administration of Justice during Military Aggression against Ukraine: The “Judicial Front”’ (2022) 3 (15) Access to Justice in Eastern Europe 1-10; doi 10.33327/AJEE-18-5.3-n000310

  2. Chenu C, ‘Le Barreau De Paris Pendant La Guerre’ (1916) 33 (4) Revue Des Deux Mondes (1829-1971) 782–805 <http://www.jstor.org/stable/44818537> accessed 30 May 2022.

  3. Biddle F, ‘The Lawyer in Wartime‘ (1943) 19 (6) North Dakota Law Review 146-148 <https://commons.und.edu/ndlr/vol19/iss6/2> accessed 30 May 2022.

  4. Hibbitts BJ, ‘Martial Lawyers: Lawyering and War-Waging in American History‘, (2014) 13 (2), 10 Seattle Journal for Social Justice <https://digitalcommons.law.seattleu.edu/sjsj/vol13/iss2/10> accessed 30 May 2022

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Keywords

  • Bar, advocacy, attorney, war, martial law, Bar in wartime, functions of the Bar

How to cite it?

  •  O Khotynska-Nor, N Bakaianova, ‘Transformation of Bar in Wartime in Ukraine: on the Way to Sustainable Development of Justice (On the Example of Odesa Region)’ 2022 3(15) Access to Justice in Eastern Europe 146-154. DOI:  https://doi.org/10.33327/AJEE-18-5.2-n000322