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

Advocacy
14:22 Tue 16.04.19 713 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

A bill implementing the Convention on the Protection of the Professions of Lawyer has been introduced

Legislation

A bill implementing the Convention on the Protection of the Professions of Lawyer has been introduced

The constitutional guarantees of legal aid, defense, and the independence of advocacy cannot be realized without protecting advocates from unwarranted interference in their professional activities, including searches, the seizure of professional materials and the use of criminal procedural mechanisms to exert pressure.

14:08 Mon 05.10.26 170
The CCBE is discussing European justice and issues related to the protection of advocates

Abroad

The CCBE is discussing European justice and issues related to the protection of advocates

Today, October 2, a meeting of the Standing Committee of the Council of Bars and Law Societies of Europe (CCBE) is taking place in Brussels. On the agenda are the protection of the advocate profession, the rule of law, attorney-client privilege, and changes in the European justice system.

14:04 Fri 02.10.26 123
The UNBA presented the key provisions of the future law on advocacy in Brussels

Rule of Law Roadmap

The UNBA presented the key provisions of the future law on advocacy in Brussels

The Ukrainian National Bar Association presented its proposals for the upcoming law on advocacy, aligned with the Rule of Law Roadmap. The presentation covered topics such as access to the profession, self-governance, disciplinary procedures, professional development and guarantees for the practice of advocacy.

20:36 Thu 01.10.26 178
Independent oversight is necessary before using CISA materials against an advocate – Lidiya Izovitova

Guarantees of the practice of law

Independent oversight is necessary before using CISA materials against an advocate – Lidiya Izovitova

Before the prosecution uses information obtained during covert investigative actions and related to an advocate’s activities, independent procedural oversight must be conducted. It is necessary to determine whether such information is covered by attorney-client privilege and whether it may be disclosed.

15:47 Fri 25.09.26 234
Efforts to develop advocacy must be brought to fruition — A. Misyats

Self-government

Efforts to develop advocacy must be brought to fruition — A. Misyats

The Ukrainian advocacy profession is currently going through a critical phase. Amid the war, it must ensure the continuity of legal aid, defend the independence of the profession, and improve qualification and disciplinary procedures in accordance with European standards. The work that has been started must be brought to a practical conclusion.

20:32 Fri 18.09.26 163
Protecting the legal profession, cybersecurity and support for advocates: common themes for the IBA and the UNBA

Support

Protecting the legal profession, cybersecurity and support for advocates: common themes for the IBA and the UNBA

On September 18, a working meeting was held at the office of the Ukrainian National Bar Association with Executive Director of the International Bar Association (IBA) Mark Ellis. The parties discussed the Ukrainian advocacy profession’s participation in European legal processes, the protection of the UNBA’s digital infrastructure, psychological support for advocates and future areas of cooperation.

19:46 Fri 18.09.26 228
Not every eloquent phrase is persuasive: how an advocate should choose a speaking style

Educational events

Not every eloquent phrase is persuasive: how an advocate should choose a speaking style

Rhetorical techniques are effective when they are tailored to the audience, the situation, and the purpose of the speech. Therefore, before speaking, an advocate should determine what message the court, client, or audience needs to hear and remember, and then choose the appropriate structure, examples, quotes and tone.

18:33 Fri 18.09.26 118
Tax residency of Ukrainians abroad: what matters

Educational events

Tax residency of Ukrainians abroad: what matters

The determination of tax residency for Ukrainians who have been living abroad for an extended period depends on the combination of their personal and economic ties to each country. The established status determines the procedure for reporting income, paying taxes and fulfilling CFC reporting obligations.

18:19 Thu 17.09.26 207

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

Оберіть файл