Transformation of Bar in Wartime in Ukraine: On the Way to Sustainable Development of Justice (On the Example of the Odesa Region)

Abstract

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).

Protection of Rights of Internally Displaced Persons amid Military Aggression in Ukraine

“…During the attack in February, Ukraine did not have the opportunity to immediately give a decent military response to the aggressor, at the same time, the Verkhovna Rada of Ukraine and the Cabinet of Ministers of Ukraine, performing the main function of the state -protecting the rights and freedoms of the citizens and guided by the principle of Amat Victoria Curam (victory loves preparation), did everything dependent on them to react as quickly and qualitatively as possible to the actions of the russian military in Crimea, Donetsk and Luhansk regions (Ilnytskyy, 2022;Kaplina, Kravtsov and Leyba, 2022;Khotynska-Nor and Bakaianova, 2022;Prytyka et al, 2022;Uhrynovska and Slyvar, 2022), by implementing their main functions. It is under these circumstances that the Ukrainian legislation was supplemented by such regulatory legal acts as: It should be noted that since 2014, more than one and a half million inhabitants of Ukraine were forced to leave their homes (Ministry of Social Policy of Ukraine, 2018) 11 and approximately 5 million live on these temporarily occupied territories, accounting for 13% of the total population of Ukraine (State Statistics Service of Ukraine, 2020) 12 .…”

Legal provision of social protection of employees in the conditions of martial law

“…Differences in the legal interpretation of legal provisions cause ambiguity in their application to judicial practice. As an example, there is a case from legal practice of dismissal for ab senteeism after termination of downtime, provided that the employee is not notified about the start of work [20]. Accord ing to the law, an employer can fire an employee in case of absenteeism "without valid reasons".…”

Ukrainian Advocacy in War Conditions: National and Foreign Context

“…7 Щонайменше 5 мільйонів людей в Україні втратили роботу -Мінекономіки <https://www.epravda.com.ua/ news/ 2022/11/20/694040/> дата звернення 15.12.2022. 8 Звіт «Швидка оцінка завданої шкоди та потреб на відновлення -серпень 2022» спільно підготовлений Світовим банком, Урядом України та Європейською Комісією <https://documents1.worldbank.org/curated/en/ 099545009082226957/pdf/P1788430ed0fce0050b9870be5ede7337c6.pdf> дата звернення 15.12.2022. 9 United Nations High Commissioner for Refugees.…”

“…українців втратили роботу 7 , пошкоджено або зруйновано більше 817 тис. житлових будинків 8 . Станом на кінець року у державах Європи перебуває понад 7,8 млн.…”