Attorney Dmytro Yagunov is Calling for Transparency in the Investigation into the Use of Forged Documents Within the Legal Community

Attorney Dmytro Yagunov has officially appealed to the Odesa Regional Bar Association and the National Bar Association of Ukraine (NAAU), calling on them to ensure maximum transparency and prevent the classification of high-profile cases involving attorneys’ use of forged documents.

The appeal was prompted by reports regarding the possible use of forged documents by certain members of the legal profession.

According to attorney Dmytro Yagunov, any attempts to conceal such violations or restrict access to the results of investigations undermine the authority of the legal profession and erode public trust in the justice system as a whole.

“The legal profession must be a model of legality and integrity. Attempts to ‘turn a blind eye’ to forgeries or to keep investigations into forged documents within the community secret are unacceptable. The Bar Council and the National Association of Advocates of Ukraine must demonstrate a clear and uncompromising stance,” Dmytro Yagunov emphasizes in his statement.

The attorney called on the relevant self-governing bodies to conduct an open investigation into the disclosed facts, provide a proper legal assessment of them, and act strictly within the law, while informing both colleagues and the public of the results.

This publication constitutes a value judgment of attorney Dmytro Yagunov on a matter of indisputable public interest, namely the need to ensure transparency, lawfulness and integrity in the conduct of the bar self-governance bodies when responding to publicly disclosed facts concerning the possible use of forged documents. It is made exclusively within the exercise of the right to freedom of expression guaranteed by Article 34 of the Constitution of Ukraine and Article 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms, having regard to the heightened level of protection afforded to expression on matters of public concern and on the functioning of public institutions.

None of the statements set out in this publication or in the related letter constitutes, or may be construed as, a finding of guilt of any specific natural person in respect of a criminal offence or any other wrongdoing. The author fully acknowledges and strictly respects the principle of the presumption of innocence enshrined in Article 62 of the Constitution of Ukraine, Article 17 of the Criminal Procedure Code of Ukraine and Article 6 § 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms, according to which a person is presumed innocent and shall not be subjected to punishment until his or her guilt is proven in accordance with the law and established by a court verdict of conviction that has entered into legal force.

This publication neither contains nor is intended to contain any establishment of guilt, any legal characterisation of the conduct of specific persons, any identification of specific persons as guilty or as having committed an offence, or any pre-emption of conclusions falling within the exclusive competence of a court or the competent authorities. All references to the possible use of forged documents concern circumstances that are subject to a proper, full, impartial and public examination by the competent authorities, and it is precisely the securing of such an examination, rather than the attribution of guilt to any person, that is the sole subject matter of this appeal. Any interpretation of this publication as containing an assertion of the proven guilt of a specific person would be contrary to its actual content, to the expressly stated will of the author and to the present disclaimer.

The call addressed to the Council of Advocates of the Odesa Region and to the National Bar Association of Ukraine to conduct an open examination, to provide an appropriate legal assessment of the disclosed facts and to act strictly within the law is aimed at protecting the authority of the institution of advocacy, upholding the principle of legality and maintaining public confidence in the administration of justice, and not against the honour, dignity or business reputation of any individual person. In making this appeal, the author acts in good faith, on the basis of the information available to him, in the interest of society and of the professional community, in compliance with the duties and guarantees provided for by the Law of Ukraine “On Advocacy and Advocates’ Activity” and by the Rules of Advocates’ Ethics.