Warnings to lawyers will be reflected in the URAU
From now on, the Unified Register of Advocates of Ukraine will also contain information on the imposition of such a penalty as a warning, among other information about advocates. Previously, the URAU only indicated the suspension, termination or renewal of the right to practice law.
Relevant changes were made to the Procedure for Maintaining the Unified Register of Advocates of Ukraine. The decision of the BCU dated 11-12 August 2023 No. 69 was published on the UNBA website.
According to the amendments, if a warning is applied to an advocate, the UNBA will make appropriate changes to the URAU. The advocate's profile will reflect the grounds for the application of this penalty, as well as the name of the disciplinary body that made the decision, the name and date of such decision.
As a reminder, pursuant to Art. 35 of the Law «On the Bar and Practice of Law», one of the following disciplinary sanctions may be imposed on an advocate for committing a disciplinary offence:
1) a warning;
2) suspension of the right to practice law for a period of one month to one year;
3) deprivation of the right to practice law with subsequent exclusion from the UNR (for advocates of Ukraine) or exclusion from the UNR (for advocates of foreign countries).
The Unified Register of Advocates of Ukraine is an information and communication system that ensures the collection, accumulation, protection, accounting, display, processing of the register data and provision of the register information on the number and personnel of advocates of Ukraine and advocates of foreign states who, in accordance with the Law of Ukraine «On the Bar and Practice of Law», have acquired the right to practice law, on the organisational forms of practice of law chosen by advocates, as well as other information.
Popular news
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.
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.
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.
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.
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.
Legal defence of military personnel
The Ministry of Defense has taken into account the UNBA's proposals regarding medical commissions for those released from…
The Ministry of Defense has included in the draft amendments to the procedure for military medical examinations certain proposals from the Ukrainian National Bar Association aimed at simplifying the process of confirming the circumstances of health impairments sustained during captivity and establishing a causal link to the defense of the homeland.
Interaction
The UNBA is developing a concept for a Center for expert research
The Ukrainian National Bar Association has begun work on a concept for a Center for expert research, which is intended to provide advocates and their clients with access to specialized knowledge and the ability to have expert opinions professionally reviewed.
Discussion
Working with non-residents: where tax risks arise for IT-businesses
What are the tax implications of paying a foreign cloud infrastructure provider, and does a Ukrainian specialist’s work on behalf of a non-resident create a risk of establishing a permanent establishment in Ukraine? The answers depend not on the name of the contract or whether the business belongs to the IT sector, but on the actual substance of the transactions.
Publications
Volodymyr Matsko Extradition during wartime: when the risks outweigh the request
Volodymyr Matsko Extradition as a systemic form of rights violations
Victoria Yakusha, Law and Business The anti-corruption vertical cannot «take care» of the Bar as an institution, - acting head of the HQDCB
Censor.net Protecting advocates – protecting justice: addressing concerns about the new law
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