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

Advocacy
14:22 Tue 16.04.19 674 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

Ukraine could be the first to implement a European mechanism for the protection of advocates. What’s holding it back?

Guarantees of the practice of law

Ukraine could be the first to implement a European mechanism for the protection of advocates. What’s holding it back?

Ukraine has a chance to be the first country to ratify the Council of Europe Convention on the Protection of the Professions of Lawyer. Political support for this exists, but the government’s legislative package has not yet been submitted to parliament. Meanwhile, the number of violations of advocates’ rights is on the rise.

18:32 Wed 19.08.26 155
How can an advocate verify that work has been completed if the client refuses to sign the report?

Educational events

How can an advocate verify that work has been completed if the client refuses to sign the report?

When billing by the hour, the primary document for determining the fee may be a detailed report on the time spent by the advocate and the work performed. To prevent the client from withholding payment, the contract should specify in advance the procedure for submitting and approving such a report.

11:14 Wed 19.08.26 153
Energy law: the UNBA and the ADMGE have agreed to cooperate

Interaction

Energy law: the UNBA and the ADMGE have agreed to cooperate

Advocates will deepen their professional expertise in the field of energy law, and participants in the distributed and flexible generation market will have greater opportunities to obtain professional legal assistance.

14:31 Fri 07.08.26 179
Where does an advocate's time go and what do they get in return

Educational events

Where does an advocate's time go and what do they get in return

To assess balance in life, it’s worth identifying the areas where the most effort, time, and money are directed, and then determining what a person receives in return: income, respect, support, love, a sense of significance or the fulfillment of an important idea.

10:43 Thu 06.08.26 103
The SC has clarified the different ways to respond to a lawyer's request that is ignored

Court practice

The SC has clarified the different ways to respond to a lawyer's request that is ignored

If there is no response to an advocate’s request, the advocate has the right to file a petition with the Bar Association to hold the person administratively liable. An advocate may challenge the failure to provide information necessary for the provision of legal assistance on behalf of the client, rather than in their own name.

16:59 Mon 03.08.26 107
The Ministry of Defense is preparing new procedures for MMC: what changes are being proposed

Discussion

The Ministry of Defense is preparing new procedures for MMC: what changes are being proposed

The Ministry of Defense is establishing an interagency working group to develop a new procedure for military medical examinations conducted by military medical commissions. Among the issues requiring resolution are the issuance of documents based on examination results, referrals for repeat medical examinations, verification of the medical basis for decisions, and the accountability of military medical commission members.

13:59 Fri 31.07.26 166
Original, device and methodology: how digital evidence is verified

Discussion

Original, device and methodology: how digital evidence is verified

To verify the authenticity of an audio or video recording or a digital image, an expert needs information about the file’s origin, how it was created, and, if possible, the original medium and the corresponding device. Without this information, the scope of the investigation may be limited.

16:54 Thu 30.07.26 104
Security has a greater impact on land prices during wartime than fertility – an opinion

Discussion

Security has a greater impact on land prices during wartime than fertility – an opinion

The difference in the cost of agricultural land between western and frontline regions is primarily determined by security risks, the feasibility of cultivation, and the costs of demining. At the same time, the land market continues to function, and the cost of land parcels and leases is rising.

12:04 Thu 30.07.26 100

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

Оберіть файл