Statistics of calls on the UNBA hotline reveals real problems of advocates from Kyiv

After the adoption of a package of decisions by the BCU about violations in the Kyiv City Qualification and Disciplinary Commission of the Bar and the Bar Council, the UNBA opened a hotline. By dialling the phone number 067 247 55 05, one can receive clarification of the situation and to get an advice on restoration of advocates’ rights, which were breached as a result of illegal activity of the KC QDCB.

During July-August, over 120 persons received advice - advocates, persons admitted to taking bar exam, persons who passed it and those completing traineeships. Every day, the UNBA hotline receives 5-8 calls.

In the last seven days, more than a half of the questions concerned failure to include into the URAU the information about persons who received certificates of the right to practice law prior to 11.06.2016 (from that date, the KCBC, as the URAU first-level administrator, was prohibited from including into it the information about persons who received certificates of the right to practice law based on certificates of passing bar exams issued by illegitimate authority, the KC QDCB, since 12 October 2012). Advocates complain that they cannot participate in criminal proceedings (they are required to provide an excerpt from the URAU); they cannot be registered in the tax authorities, etc. 20% of calls concern a question whether it is appropriate now to receive a certificate of the right to practice law in the KCBC and whether the certificates issued by the KCBC today comply with the BCU-approved standards.

20% of queries concern the right to pass a bar exam by persons, who are registered in Kyiv, in other regions of Ukraine. According to the BCU, such persons are recommended to apply to other regions until the formation of a legitimate KC QDCB. Some questions concern recognition of the legitimacy of certificates of passing bar exams issued by the KC QDCB after 11 June 2016, despite the BCU prohibition.

Questions were also posed by persons who passed bar exams in the KC QDCB during the last three years; they wonder whether they can now undergo a traineeship.

The UNBA receives information that person with the Kyiv registration who in compliance with the BCU decision passed the bar exams in the QDCB of other regions, now cannot obtain a certificate at the KCBC and are threatened with lawsuits. The UNBA emphasizes that there is no body authorized to hold bar exams in the city of Kyiv, which means that, until the formation of a legitimate QDCB in Kyiv, it is impossible to comply with the legal provision requiring persons registered in Kyiv to pass bar exams in Kyiv.

It will be recalled that the conference of advocates from Kyiv will continue its work on 10 September. The purpose of the conference is restoration of the bar self-government in Kyiv. Relevant clarifications are also given to those calling the UNBA hotline.