Interview with the President of the Ukrainian Bar Association
Ms. Anna, at the beginning of March, the Ukrainian Bar Association together with the International Bar Association signed a memorandum with the Ministry of Defense of Ukraine. This memorandum envisages the creation of a platform for the implementation and dissemination of the international standards and best practices in the military law system. Tell us about this project, what is the direct role of the UBA in this project?
Let’s get this straight, so that it is clear what we are talking about, because there is still confusion among journalists and in society. Military law is everything that concerns regulation, vital activity, structure, manning and equipping of the Armed Forces of Ukraine and other legal armed formations, its interaction with the authorities, military administration. Martial law is the right to wage war. Therefore, a military offence is a statutory crime, war crime is a violation of international humanitarian and criminal law. The difference is significant, and we have identified it.
As for cooperation with the Ministry of Defense, the work is primarily aimed at the system of military law. This is legal assistance to military personnel and their family members regarding the procedure for mobilization, military service, dismissal from military service, preparation of documents for obtaining social benefits and guarantees as well as other issues. Honestly, it’s a good deal of work which is constantly increases. The Ukrainian Bar Association launched this direction within the Free Legal Assistance Hotline to Victims of Armed Aggression.
The Hotline started operating on February 25, 2022, and two important blocks immediately emerged. The first is legal assistance to civilians, the second is counseling of military personnel or potential military personnel, including foreigners who intend to join the International Legion. Although the war has been going on since 2014, martial law was declared in February throughout the territory of Ukraine and general mobilization was announced. Volunteers, civilians joined the ranks of the Armed Forces of Ukraine and the Territorial Defense Forces, who, accordingly, in their past life had neither experience nor idea of the military structure and lifestyle as well as participation in hostilities. We helped thousands of servicemen to understand this, explained the rights and obligations in practice. We went public via mass media and prepared a series of explanatory materials. On examples, supported by the regulatory framework, we talked about the action algorithms of who, where, when and how can receive a summons, what responsibility exists in case of refusal to accept a summons, what category of men and under what circumstances can travel abroad. And many other things.
Today, these questions remain open. Other questions regarding vacation, rotation, injuries and the need for treatment and rehabilitation abroad, dismissal from military service, social benefits have been appeared. In addition, there are issues of monetary compensation to military personnel who take direct part in hostilities. All this requires documentary evidence, and many questions arise.
In the context of mobilization, we see the need for a significant reform of the system of territorial recruitment and social support centers (former military commissariats).
Today, we have a substantial knowledge base. We have analyzed the positive and negative aspects of the legislation and are therefore ready for high-quality cooperation with our Defense Ministry. We have lawyers who are now returning from the front and have experience in resolving the existing problems and the desire for change. In my company there are also such lawyers.
We all see and feel how effectively Ukrainian male and female defenders work at the front, what extremely complicated tasks and special operations are carried out, including behind enemy lines. Ukraine follows NATO standards, we are involved in the best training programs, advanced technologies. Therefore, the task of lawyers is to make military service comfortable in terms of legal support. In this aspect, we must also move towards the best international standards. It is not an obligation of the military to document something and think about it on the front line, and the legislation shall be clear and unambiguous with norms of direct effect. And the key is that all parties adhere to these rules.
But if the issue has already been put before the courts, then our task is to provide adequate protection in cases related to military offence and war crimes. As for the latter, then yes, it may also apply to Ukrainian servicemen.
This is the platform of interaction we are talking about. And here the experience of our partners from the International Bar Association (IBA), who are also signatories to the Memorandum, is very important. Defense Minister Oleksii Reznikov, who, by the way, is a member of the UBA, talked about the continuation of work on the draft law on the creation of military police and the development of military justice in Ukraine in general. We fully support the introduction of specialization: there shall be special police, special prosecutors, special lawyers and special judges who will consider military cases. Because they will have knowledge, they will be aware of the specifics. And we must come to this as soon as possible.
The UBA and the IBA have already engaged a pool of international and national experts who assessed the legislative initiative on military police.
You have already started talking about a free legal assistance hotline on issues related to military aggression, its consequences and martial law launched by UBA has been operating for more than a year now. What problems and questions are most often addressed today?
We spent the year 2022 guided by the motto of the legendary Benjamin Ferencz, the last surviving prosecutor of the Nuremberg Trials: ‘Replace the rule of force with the rule of law.’ as well as his motto: ‘Never give up’.
Some lawyers joined the ranks of the Armed Forces of Ukraine and the Territorial Defense Forces, and some remained on the legal front, which combined the humanitarian work. Like all Ukrainians, everyone in their place did possible and impossible to counter aggression, the UBA lawyers also worked, despite the blockade and missile strikes on the cities.
200 lawyers were involved, currently more than 5,000 requests from citizens have been processed, 20 guides and handbooks on the most frequently asked legal issues and a guidebook on migration rules to 25 countries have been prepared.
If we compare with the first days or months of our Hotline operation and now, the questions have changed slightly. And thus, we can trace the evolution of the needs of Ukrainians during the war. In February-March, the most frequently asked questions are border crossing and migration, documenting damaged or destroyed property. This is very important in two aspects of both the documenting of the war crime for further prosecution of those responsible and for future compensation.
Then questions regarding obtaining the status of an internally displaced person, social guarantees, labor relations during the war were added. Further – business relocation, taxation issues, benefits, deferment, because the Hotline is also business assistance.
Anyway, all these issues are still of concern today, especially those related to internal displacement, social protection, search for housing, restoration of documents, because it happens that people lose everything.
Mobilization and military service, as I have already said, remain quite relevant then and still today.
One of the memorable cases was when a young man and a girl turned to us in March, who were forcibly displaced to the Russian Federation from the already occupied part of the Kharkiv region. They had no documents. We consulted with the Ministry of Foreign Affairs, searching for solutions in regulations and international documents. At that time, there was no explanation how to act Ukrainians in such situations. But we have lost touch with them, I don’t know what their fate is now.
And there were also cases when we assisted entire families at all stages from evacuation from the war zone or occupation to placement abroad. And we’re still in touch. They share their lives, successes, and sometimes problems. In other words, it is not just a matter of legal assistance but rather of psychological support, humanity, keeping in touch with Ukraine. Because of the war, they have no one left here.
It is difficult when all these stories, terrible human tragedies come through you. And it lasts more than a year. And I am very grateful to all volunteer lawyers of the UBA who do not abandon this important work. Now the hotline has a user-friendly platform https://hotline.uba.ua that we developed and launched with the support of IBA. I think that after the war we will leave it and continue to develop it.
The UBA has been involved in charitable activities since the beginning of the war. One of the directions is to help lawyers, members of the UBA and their families who found themselves in difficult situation due to the war. How many lawyers have found themselves in such a difficult situation? What kind of assistance do you provide?
We are talking about hundreds of lawyers and their families. The UBA members are represented in all regions of Ukraine, so when the full-scale aggression began, we immediately involved in helping lawyers with relocation to safer regions of the country.
For those who decided to leave Ukraine, we engaged in the search for housing abroad and visa support. For example, the UBA became a national partner of the Bar Council of England and Wales in providing housing for Ukrainian lawyers. In fact, we became a platform where information on Ukrainian lawyers who needed assistance was collected and data from foreign colleagues who were ready to provide this assistance were accumulated. Also, we provided assistance in the search for work and additional professional opportunities abroad.
In addition, the UBA and the Charity Fund ‘Kind Hearts for Ukraine’ signed a Memorandum on Cooperation with the aim of consolidating efforts to support the UBA members who suffered from the full-scale Russia’s military aggression.
One of the first to turn to the UBA for help was Daria, a lawyer from Kherson. In April, a month after the occupation, she decided to leave her hometown with her family. Of course, they took only the most necessary things with them. Already at this stage, the UBA and the Charity Fund ‘Kind Hearts for Ukraine’ joined in helping Daria and provided the necessary things. Now she works in Lviv, her son started school.
We also helped Hennadii, a lawyer, who joined the Territorial Defense Forces in February. In October, he was seriously wounded in Luhansk region. The UBA and the Charity Fund ‘Kind Hearts for Ukraine’ financed part of the treatment.
Together we helped with the restoration of war-damaged housing, clothes, work. I mean, it’s a very diverse direction.
Recently in New York, the UBA together with the Media Initiative for Human Rights (MIHR) joined the New York State Bar Association and Cyrus R. Vance Center for International Justice in discussing the creation of a tribunal for the crime of aggression, documentation and investigation of Russian war crimes in Ukraine in national and international institutions. Then the participants heard firsthand about the horrors of two Ukrainian women being held in captivity in the Russian Federation. Tell us about it, please. How does the international legal community react to Russian war crimes?
It was a trip to the anniversary of the full-scale invasion. It was a week full of events and emotions. I met the girls who were held in Russian captivity. The MIHR organized this advocacy trip to the USA, and after New York they went to Washington so that lawyers, politicians, diplomats could hear their stories live. It was important for the UBA to arrange a meeting with lawyers since they are the ambassadors of the rule of law. They will further advocate the need for the creation of an international Tribunal for the crime of aggression and communicate at the highest political and diplomatic levels. They will assist practically and technically in the investigation of international crimes on the territory of Ukraine.
Lawyers had a unique opportunity to hear firsthand about the horrors of being held captive by the Russian Federation. Girls have different status. Liudmyla Huseinova is a civilian volunteer from Novoazovsk, Donetsk region, which was occupied in 2014. For three years she was illegally detained first in the infamous ‘Isolation’ prison in Donetsk, then in the city’s pretrial detention center. Anna Olsen is a combat medic, was captured from the Ilyich Iron and Steel Works of Mariupol in April 2022 and was a prisoner for 200 days.
Both share a common tragic history, inhumane treatment, torture, mock hanging, electrocution, and psychological violence. They are witnesses who, fortunately, not only survived, but also have the strength and courage to tell the world about Russia’s atrocities.
Every day we live in war, we communicate with witnesses, victims every day and although we cannot get used to these terrible testimonies, but we are in the picture. American and European lawyers, of course, are also aware of what’s going on and provide constant support to Ukraine, but it was not easy for them to perceive what they heard directly from Liudmyla and Anna.
In short, the reaction of the international legal community to the full-scale invasion is daily work and assistance. Since February, the UBA has intensified its international activities.
We have access to the best international lawyers and practitioners in the field of International humanitarian law (IHL) and International criminal law (ICL), professionals who personally participated in the conviction of war criminals, created Tribunals or formed compensation mechanisms. Their support is invaluable.
From the first days of the full-scale invasion, the UBA initiated the exclusion of Russian and Belarusian law firms from world ratings. And colleagues supported us. In addition, on our initiative, hundreds of law firms around the world refused to work with Russian clients.
Powerful legal associations with a worldwide reputation and a century-old history, such as the New York Bar Association and the American Bar Association, adopted resolutions condemning Russian armed aggression and called for the creation of the Tribunal as soon as possible. Our international colleagues initiate and organize dozens of discussions and practical events regarding the rebuilding of Ukraine. We do have a legal coalition to restore justice.
The event ‘Mission of Ukraine: human rights violations due to aggression against Ukraine’ was also held at the UN headquarters, dedicated to discussing the crimes that Russia commits against Ukraine every day. Did directly war-affected Ukrainians testify there too?
Yes, they did. This is already a more global level, where Liudmyla also mentioned her experience. It is important to draw attention to the issue of the release of civilian prisoners and, in general, to the conditions in places of detention, both in the Russian Federation and in the temporarily occupied territories. It is necessary to create a register of civilian prisoners, because no one will say the exact number yet, neither the Ukrainian side nor international organizations, such as the International Committee of the Red Cross, whose mission is precisely to monitor the condition of prisoners and conditions of detention.
I am convinced that such stories of Ukrainians, both military and civilians, at the UN influenced the decision of the General Assembly to adopt a resolution on peace. These stories of victims complemented political and diplomatic efforts.
At the World Economic Forum in Davos, the Impact Business Accelerator Program for Ukrainian entrepreneurs was presented. What kind of project is it? Who can participate in this project?
I think it is a unique project. LCF Law Group became a part of this project. Impact Business is a business accelerator for Ukrainian entrepreneurs. Or, more simply Accelerator Program is designed for business activities in Ukraine with the assistance of top international experts and mentors. This program is for entrepreneurs who want and can contribute to the post-war rebuilding of Ukraine and create a positive and lasting social impact.
This project will help Ukrainian business not only to survive during the war, but also to expand its opportunities without waiting for the end of the war. Modern trends are building business ecosystems, when the key success is not only clients, but also the involvement of small and medium-sized enterprises. That is, large corporations actively integrate such companies into their projects, which allows them to develop dynamically, and as a result, this affects the economy growth in general. The program is about the collaboration opportunities.
Applications are now closed. But 25 companies in the energy, agricultural, construction, logistics, pharmaceutical sectors as well as IT, cybersecurity, infrastructure, for which technology and social impact are part of strategic development, had the opportunity to participate in the program.
Currently, the consideration of applications and interviews with shortlisted candidates is ongoing.
And the program starts on April 17. Participants will receive a whole package of benefits and opportunities. Firstly, it is free access to world technological resources, consultations of hundreds of experts and coaches from leading international companies and successful startups as well as acquaintance with top investors. And secondly, projects to investors will be presented in December 2023.
How did the war affect the work of LCF Law Group of which you are co-founder and managing partner? What cases have appeared?
The war affects everyone. We have all lost someone or something. And the work ahead will be hard and long. But the main thing is that Ukraine has survived and continues to fight. And we, people, stand with Ukraine: we as lawyers, and we as a company, that continued to pay taxes all this time, saved jobs, generated ideas that finally helped the business survive, our clients, and work to support citizens and the country in general.
Since April, after the de-occupation of the Kyiv region, we have started to work full-time offline. And our clients appreciate it.
Our team, like everyone else, survived the hostilities, missile strikes, blackouts, and this only strengthened us. And I would like to take this opportunity to publicly thank each and every one for their resilience, optimism, for every opinion, every piece of advice, every prepared document, every developed memorandum, every completed case and every court hearing. I respect the position of everyone and appreciate everyone’s contribution!
As for the cases, there are more cases of bankruptcy, criminal, litigation. Any crisis, much less a full-scale war, provokes financial instability. And, as a result, an increase in the number of disputes.
You are a patron of talented representatives of contemporary Ukrainian art, you started the project LCF_Art. Do you support talented Ukrainian artists today, during the war?
I continue to support Ukrainian designers. Every international event or meeting does not take place without the promotion of Ukrainian clothing. This is a unique combination of modern and traditional, a mixture of styles from different regions and modern trends. Ukrainian is already a recognizable brand: not only an embroidered shirt (vyshyvanka), but also casual, business attire, black tie.
In October last year, the UBA together with the IBA and the Embassy of Ukraine in the USA held a business breakfast ‘ReOpen Ukraine’ in Miami. It was a major international event within the framework of the IBA Annual Conference. We made a big charity exhibition of contemporary artists, Roman Zhuk and Oksana Mas. This is another promotion of Ukraine, Ukrainian art, a modern view of world perception. This exhibition was very popular.
Anna Ogrenchuk, Managing Partner of LCF, President of the Ukrainian Bar Association, for Femida.ua
