Obtaining a certificate again: changes to the procedure

Advocacy
15:00 Wed 06.09.23 256 Reviews
Print

According to the law, a person deprived of the right to practice law may return to the profession on a general basis two years after the imposition of the relevant disciplinary sanction. The Bar Council of Ukraine clarified certain procedural issues.

The relevant changes were made by the decisions of the BCU of 11-12 August 2023:

  • No. 70 «On Displaying Profiles in the Unified Register of Advocates of Ukraine»;
  • No. 71 «On Amendments to the Procedure for Admission to the Qualification Exam, the Procedure for Passing the Qualification Exam and the Methodology for Evaluating the Results of the Qualification Exam for Acquiring the Right to Practice Law in Ukraine and to the Decision of the Bar Council of Ukraine No. 137 dated 16-17 November 2022 as amended».

The documents are published on the website of the Ukrainian National Bar Association.

From now on, a person applying for admission to the qualification examination must also provide, along with the application, a handwritten certificate certified by his/her personal signature stating that he/she has (or has not) previously received a certificate of the right to practice law and, if such a certificate has been received, the reason on the basis of which the right to practice law was terminated (Decision No. 71).

Such changes are related to the fact that according to clause 3 of part 2 of Article 6 of the Law «On the Bar and Practice of Law», a person deprived of the right to practice law within two years from the date of the decision to terminate the right to practice law cannot be an advocate. And the Qualification and Disciplinary Commission of the Bar should be able to verify the information about the presence/absence of the candidate's previous status as an advocate.

Also, the decision of the BCU No. 71 establishes that the provision of false information by a person who has expressed a desire to take the exam about the presence (absence) of the status of an advocate is a ground for termination of the right to practice law by cancelling the certificate of the right to practice law in accordance with clause 5 of part 1 of Article 32 of the Law «On the Bar and Practice of Law».

In addition, since information about the termination of the right to practice law is entered into the URAU, a different profile is created when the certificate is obtained again. In order to synchronise the available information about a person, the URAU database administrator will provide links in the new profile to other profiles available in the URAU about the specified person, indicating in the «Other information» section information about previously valid certificates of the right to practice law with the possibility of switching to previous profiles (BCU Decision No. 70).

Popular news

Impunity for public stigmatization of advocates violates the constitutional right to defense

Guarantees of the practice of law

Impunity for public stigmatization of advocates violates the constitutional right to defense

The prohibition of identifying an advocate with a client is an international standard enshrined in the Law «On advocacy and legal practice». However, without accountability, this guarantee does not work, which poses a direct threat to the realization of the right to defense and the principle of adversarial proceedings.

13:11 Fri 16.01.26 103
Inheritance of a share in joint property and more: advocates have made comments

Legislation

Inheritance of a share in joint property and more: advocates have made comments

In the event of the death of one of the subjects of joint shared ownership, the shares of each of the co-owners in the joint shared ownership shall be deemed equal, unless otherwise agreed between them, by law, or by a court decision.

12:58 Fri 16.01.26 146
Implementation of the Roadmap: the composition of the working group ensures a high level of expertise

Legislation

Implementation of the Roadmap: the composition of the working group ensures a high level of expertise

The composition of the Working Group on the implementation of the Roadmap on the rule of law in relation to advocacy demonstrates the high institutional level of the experts involved by the Ukrainian National Bar Association in the formation of a package of decisions.

12:17 Fri 09.01.26 109
UNBA initiatives to implement the Roadmap were supported by international experts

Legislation

UNBA initiatives to implement the Roadmap were supported by international experts

International experts who participated in the inaugural meeting of the Working Group on the implementation of the Roadmap on the rule of law in advocacy and agreed to join it expressed their support for the initiative of the Ukrainian National Bar Association.

14:34 Wed 07.01.26 220
How will the group responsible for implementing the Roadmap for advocacy operate?

Legislation

How will the group responsible for implementing the Roadmap for advocacy operate?

The working group on the implementation of the Roadmap on the rule of law in the area of advocacy will operate at several levels: plenary meetings as a platform for adopting framework decisions, a coordination bureau for compiling documents and calendar control, and thematic subgroups for preparing norms and their justification. International experts will verify the results against European standards and «red lines».

15:35 Tue 06.01.26 201
Advocacy is a responsible entity, not a critic of reform — V. Gvozdiy

Legislation

Advocacy is a responsible entity, not a critic of reform — V. Gvozdiy

The Roadmap on the Rule of Law is not a basis for restructuring the model of advocacy, but a framework for verifying and improving the already European-oriented system. At the same time, part of the work has already been done, so further progress should be made in the form of coordinated and practical decisions.

19:31 Fri 02.01.26 179
Vatras on the implementation of the Roadmap: only advocates should create their own destiny

Legislation

Vatras on the implementation of the Roadmap: only advocates should create their own destiny

Work on implementing the Roadmap in relation to advocacy should be based on the participation of the professional community itself, and key tasks should be structured in such a way as to avoid mixing processes that differ in content and procedure.

19:13 Fri 02.01.26 168
Lidiya Izovitova outlined the approach to implementing the Roadmap for advocacy

Legislation

Lidiya Izovitova outlined the approach to implementing the Roadmap for advocacy

The general approach to working on the implementation of the Roadmap on the Rule of Law in terms of reforming advocacy should not be based on «slogans», but rather on gathering facts, comparing them with standards, consulting with the professional community, and formulating norms for which participants are prepared to take responsibility.

18:41 Fri 02.01.26 153

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

Оберіть файл