The UNBA will prepare guidelines on lawyers' requests

By the end of 2026, the UNBA Committee on the prevention of administrative offenses committed against advocates will develop guidelines on drafting advocate inquiries and responding to refusals to provide information. There are also plans to standardize the practice of applying Article 212-3 of the Code of Administrative Offenses.

The corresponding work plan was established during the Committee’s most recent meeting.

The guidelines will cover the requirements for drafting, formatting, and submitting a lawyer’s request, as well as the procedure for filing a complaint regarding an administrative offense under Article 212-3 of the Code of Administrative Offenses. «In practice, difficulties arise, in particular, with confirming that an advocate’s inquiry has been sent and delivered, as well as with filing a complaint with the regional bar association. Therefore, we ask our colleagues to share regional practices, relevant court decisions, and information about common mistakes», - noted Committee chairman Yuriy Hryhorenko.

The editorial board responsible for drafting the recommendations was headed by the Committee’s deputy chairman Anastasia Burkovska. It was decided to involve individuals authorized by regional bar associations who review relevant applications and draft reports on administrative offenses. This will allow for the consideration of practical issues that arise during the preparation of case materials.

Another area of focus is the preparation of amendments to Articles 38, 212-3, 254 and 256 of the Code of Administrative Offenses and provisions of the Tax Code. These amendments concern provisions related to ensuring accountability for failure to provide information in response to a lawyer’s request and the procedural handling of such cases. This area will be coordinated by the Committee’s deputy chairman Vadym Semenov.

Y. Hryhorenko will oversee matters related to maintaining the Register of Administrative Offenses Committed Against Advocates, communicating with regional bar associations, and compiling best practices. The collected data will be used to develop uniform approaches to reviewing applications and proceedings under Article 212-3 of the Code of Administrative Offenses.

There are also plans to hold nationwide free online events for advocates. Documents are being prepared to accredit these events as professional development activities.

Practical materials, commentaries, and analysis results will be published on the information resources of the UNBA and the Higher School of Advocacy.