The Bar Council of Ukraine stated that the right to defense is threatened by the new rules of the Ministry of Justice

The Bar Council of Ukraine has issued a statement regarding changes to the Rules of Internal Regulations of Pre-trial Detention Centers, which restrict the use of lawyers’ own computer equipment when providing legal assistance to certain categories of prisoners and convicts.

This concerns the Order of the Ministry of Justice No. 1209/5 of May 11, 2026, which, during the period of martial law, prohibited lawyers from bringing laptops and other computer equipment to pre-trial detention centers in cases involving crimes against the fundamentals of national security of Ukraine.

Instead of their own equipment, defense attorneys are offered to use computers that are on the balance sheet of penal institutions.

The Bar Council of Ukraine emphasized that such changes directly affect the implementation of the right to defense and create risks for compliance with the guarantees of legal practice.

“Modern defense in criminal proceedings is impossible without working with electronic case materials, digital evidence, expert opinions and large amounts of information,” the bar association noted.

The RAU paid special attention to the risks of violating attorney-client privilege. The use of technology controlled by the SIZO administration may create the possibility of unauthorized persons accessing confidential defense materials, including electronic documents, metadata and service files.

The statement emphasizes that even the very fact of creating such conditions already poses a threat to the independence of advocacy and the confidentiality of communication between an attorney and a client.

The Bar Council of Ukraine also recalled that the right to professional legal assistance is guaranteed by Article 59 of the Constitution of Ukraine and cannot be limited even under martial law.

In addition, the RAU emphasized that human rights and freedoms should be determined exclusively by laws, not by subordinate regulatory acts.

The Bar Association called on the Ministry of Justice to review the order and restore the procedure that allowed lawyers to use their own equipment after conducting a regime inspection without access to the content of documents.

The Bar Council of Ukraine also appealed to the Cabinet of Ministers, relevant committees of the Verkhovna Rada, the Verkhovna Rada Commissioner for Human Rights, and the Prosecutor General’s Office with a call to provide an assessment of the new restrictions.