Human Rights in Times of War, Extradition, and the Protection of Lawyers: The Team from Strategic Advocacy LLP Participated in the 18th Kyiv Criminal Law Forum

How can a balance be struck between the interests of the investigation and human rights in a wartime setting? Is extradition possible to a country under constant shelling? Where does the line lie between an effective investigation and the guarantees of legal representation? These very questions were the focus of expert discussions during the 18th Kyiv Criminal Law Forum, which was attended by representatives of Strategic Advocacy Law Firm.

The annual forum, organized by the Ukrainian Bar Association, brought together lawyers, judges, academics, and representatives of the legal community in Kyiv to discuss the most pressing changes in criminal law and procedure. Participants focused on the challenges facing the justice system under martial law, amendments to criminal legislation, current judicial practice, digital evidence, extradition procedures, and the protection of lawyers’ professional rights.

The event was attended by Volodymyr Klymenko, a counsel at Strategic Advocacy LLP; attorneys Iryna Shchensna and Illia Mastisty; and legal counsel Yulia Nazarenko.

One of the key topics of the forum was the protection of human rights under martial law and the impact of the war on criminal proceedings. Volodymyr Klymenko, a counsel at Strategic Advocacy Law Firm, noted that since the start of the full-scale invasion, Ukrainian criminal law and judicial practice have been constantly evolving, creating new challenges for all participants in the legal system.

“Today’s conference is addressing issues related to new legislation and current judicial practice, as the courts’ legal positions are constantly evolving in the context of the war. The Criminal Code is being amended with new provisions, which poses additional challenges for both the law enforcement system and the legal profession. That is precisely why such events are so important—they allow us to exchange experiences with colleagues, hear the perspectives of law enforcement officers, investigators, and judges, and develop a shared understanding of the current challenges facing the criminal justice system,” said Volodymyr Klymenko.

According to him, one of the most pressing issues today remains the protection of human rights under martial law.

“Ensuring respect for human rights in Ukraine is now a top priority. In wartime, additional questions arise regarding the safety of those involved in legal proceedings, which directly affects extradition procedures. That is precisely why these issues are currently the focus of attention for both Ukrainian and international legal institutions,” emphasized the advisor at Strategic Advocacy Law Firm.

A separate session of the discussions was devoted to international cooperation in criminal proceedings and extradition issues. In the context of a full-scale war, these issues take on particular significance, as foreign jurisdictions are increasingly assessing the security situation in Ukraine when considering requests for the extradition of individuals.

Attorney Ilya Mastisty noted that finding a balance between the interests of criminal proceedings and the right to defense remains one of the most pressing issues today.

“A particularly pressing issue was maintaining a balance between the interests of criminal proceedings and the right to a defense, especially during searches of lawyers’ offices. Extradition issues and the return of suspects and defendants to Ukraine, taking into account security risks, also remain particularly relevant,” he noted.

In turn, attorney Iryna Shchensna emphasized the importance of professional exchange of experience among lawyers, especially when it comes to protecting the rights of participants in legal proceedings during wartime.

“The experience of our colleagues regarding the exercise of lawyers’ rights and the protection of the rights of participants in legal proceedings during wartime is particularly valuable. Such forums allow us to adopt best practices, share our own experiences, and gain new knowledge necessary for effective work,” she noted.

Yulia Nazarenko, a lawyer at Strategic Advocacy LLP, emphasized that amid rapid changes in legislation and judicial practice, professional discussions remain one of the most important tools for the development of the legal community.

“Criminal law is constantly evolving, especially in times of war. It is important for lawyers to stay abreast of current case law and legislative developments. Events like this provide an opportunity to exchange experiences with colleagues and hear the views of leading experts who directly influence the application of the law in Ukraine,” she noted.

The 18th Kyiv Criminal Law Forum once again served as a platform for open professional dialogue among the legal profession, the judiciary, and representatives of law enforcement. For the team at Strategic Advocacy LLP, participating in the forum provided an opportunity to join the discussion on the most pressing challenges facing the criminal justice system and to exchange practical experience with leading experts in the field.