The Administrative Court of Appeal upheld the BCU Resolution No. 203 on the Payment of Disciplinary Complaints to Advocates

Advocacy
14:22 Tue 16.04.19 421 Reviews
Print

The Sixth Administrative Court of Appeal upheld the decision of the Bar Council of Ukraine No. 203 dated September 23, 2017, which introduced a compulsory payment for filing disciplinary complaints. In particular, this decision of the BCU has established and approved a fee for the organizational and technical support for considering complaints about the behavior of an advocate, which may be the basis for disciplinary liability, complaints about the decisions of the disciplinary chambers of the qualification and disciplinary bar commissions, as well as complaints on actions or inactivity of qualification and disciplinary bar commissions, in the amount of one living wage for able-bodied persons.

The court ruling was passed on April 8, 2019 in the Viacheslav Pleskach's suit to the UNBA. The appeal was left without satisfaction, and the decision of the District Administrative Court of Kyiv of January 29, 2019 - unchanged. The resolution is valid from the date of its adoption and can be appealed by submitting a cassation appeal directly to the Supreme Court in the manner and in the timeframe specified in Art. 329-331 APC of Ukraine.

The court ruled that the decision of the first instance contains a substantiated conclusion that the law "On the Bar and Advocacy" provides for the right to introduce and formulate certain fees (contributions) for the maintenance of the bodies of the bar self-government for their proper and self-sufficient existence, subject to the legality of the sources the origin of such contributions, which refutes the arguments of the appellant in this part.

The decision of the BCU also determines the right to reimbursement of expenses incurred for the organizational and technical provision of consideration of a complaint in the event of bringing an advocate to disciplinary responsibility at the expense of an advocate in respect of which a corresponding decision has been made; in turn, if HQDBC complies with the complaint of the advocate to the decision of the QDBC, the advocate has the right to reimburse the incurred expenses for the organizational and technical provision of consideration and preparation of the complaint at the expense of the applicant (the complainant) who applied with the application (complaint) to the QDBC.

"Thus, as correctly pointed out by the court of first instance, the contested decision actually introduced the payment for the consideration of applications (complaints) and provides for the right of the complainant to reimburse the costs incurred for organizational and technical support for the consideration of his application (complaint), in the case of bringing the advocate to a disciplinary liability at the expense of an advocate in respect of which a corresponding decision has been made, which in turn guarantees the return of the amount paid to the complainant for filing a complaint, provided that it was substantiated and set forth in it have found their confirmation", - says the ruling of the court.

At the same time, paragraph 2 of the disputed decision provides that the fees specified in paragraph 1 of this decision are exempted: (a) the applicants (complainants) who have the appropriate privileges for exemption from payment of court fees and defined by the Law of Ukraine "On Court Fee"; (b) bar self-government bodies, their working bodies (committees, centers, commissions, etc.); (c) the courts that make appeals (complaints) concerning the conduct of an advocate, which may be the basis for disciplinary liability within the framework of the powers granted to them by the procedural laws of Ukraine, (d) persons in detention, restraint, places of temporary detention or in custody if the application (complaint) is filed through the institution in which the complainant is located.

The panel of judges also notes that the claimant has not provided any evidence of the existence of a real direct negative impact on his rights, freedoms or interests, and that he has the right to apply to the court for their protection.

Popular news

Advocacy

FLA needs urgent help, - Valentyn Gvozdiy

Twelve years of existence of the free legal aid system in Ukraine is enough to understand the inability of the Ministry of Justice to effectively manage this area.

17:23 Fri 29.03.24 109

Advocacy

The Ombudsman is concerned about the state of the FLA system

The Secretariat of the Ukrainian Parliament Commissioner for Human Rights is ready to join the development of proposals for amendments to the legal acts developed by the Ukrainian National Bar Association that will improve the functioning of the free legal aid system.

19:27 Thu 28.03.24 110

Advocacy

Ombudsman to provide legal aid with support of UNBA - pilot project

The Office of the Ukrainian Parliament Commissioner for Human Rights has launched a pilot project to provide professional legal aid to citizens in five regions of Ukraine.

11:58 Tue 26.03.24 104

Advocacy

Another model should be introduced for the FLA system, - Lidiya Izovitova

Monitoring of the current state of functioning of the legal aid system shows the existence of significant and conceptual problems in the implementation of this assistance in Ukraine.

12:32 Tue 19.03.24 152

Advocacy

Violation of media guarantees of advocacy is being studied by the UNBA

An open appeal of the Ukrainian National Bar Association's Committee on Information Policy and Interaction with the Mass Media to the advocates.

18:48 Mon 04.03.24 163

Advocacy

Lawyers are offered to be booked - amendments to draft law No. 10449

In their amendments to the draft law on strengthening mobilization, MPs propose to provide for the booking of lawyers. The goal is to prevent disruptions of court hearings.

13:48 Fri 01.03.24 179

Advocacy

E-Court failures violate constitutional guarantees – UNBA

In recent days, the Ukrainian National Bar Association has received numerous reports from lawyers about technical failures in the operation of the Electronic Court subsystem. In particular, the complaints relate to the inability to log in to the electronic office, which restricts advocates in exercising their procedural rights, in particular, to submit documents and participate in court hearings in the videoconference mode.

18:05 Thu 29.02.24 187

Advocacy

Fixed fee: time of work is important for reimbursement of attorney's fees – SC

The procedure for calculating the hourly fee differs from the fixed fee, which does not take into account the actual time spent. However, in both cases, they are taken into account when deciding on the reimbursement of legal aid expenses.

13:22 Thu 29.02.24 177

Надішліть файл із текстом публікації у форматі *.doc, фотографію за тематикою у розмірі 640х400 та Ваше фото.

Оберіть файл