Notaries and state registrars will be obliged to provide lawyers with information from the registers
When sending lawyers' requests to obtain data contained in state registers, lawyers often receive rejections. The recipients of the requests give various reasons for this. But these refusals impede the professional performance of professional duties!
This was pointed out by MP Oleksandr Yurchenko, who registered in the Verkhovna Rada the draft Law No. 10446 of 30.01.2024 «On Amendments to Certain Laws of Ukraine on Response to a Lawyer's Request».
It is proposed to supplement the document:
- Art. 1 of Article 24 of the Law on the Bar and Practice of Law
- Art. 8 of the Law on Notaries
- Art. 3 of Article 32 of the Law on State Registration of Real Property Rights and Encumbrances
- Art. 7 of Article 11 of the Law on State Registration of Legal Entities, Individual Entrepreneurs and Public Organizations
which provide for the obligation of the bodies that maintain state registers to provide full information and copies of documents necessary for an attorney to provide legal assistance to a client (except for information with restricted access and copies of documents containing information with restricted access).
This refers to the Inheritance Register and other unified and state registers operating in the system of the Ministry of Justice of Ukraine (for notaries), the State Register of Rights and the Unified State Register (for state registrars).
It is noted that the submission of an attorney's request by an attorney is a professional right of an attorney in connection with the provision of legal aid on the basis of a legal aid agreement and entitles an attorney to receive, upon an attorney's request, virtually any information and documents necessary for the attorney to assist the client.
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.
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.
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.
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.
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.
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.
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.
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.
Publications
Ihor Kolesnykov A BRIEF SUMMARY REGARDING THE APPLICATION OF THE ORDER ON EXTENDED CONFISCATION IN LATVIA REGARDING FINANCIAL ASSETS OF…
Valentyn Gvozdiy WORKING IN A WAR ZONE
Lydia Izovitova Formula of perfection
Sergiy Vylkov Our judicial system is so built that courts do not trust advocates
Iryna Vasylyk Advocacy in the proclamation of Independence of Ukraine
Oleksandr DULSKY When we cross the border of the Supreme Anti-Corruption Court, we get into another department of the National Anti-Corruption…
Vadym Krasnyk The UNBA will work, and all obstacles and restrictions are only temporary inconveniences
Lydia Izovitova Interview with Lydia Izovitova on the occasion of the 8th anniversary of the founding of UNBA: We are the voice of t…