Obtaining a certificate again: changes to the procedure
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
Guarantees of the practice of law
The Verkhovna Rada took another step towards ratifying the Convention on the protection of the profession of advocate
On November 5, the Verkhovna Rada held a working meeting dedicated to the translation of the Council of Europe Convention on the protection of the profession of advocate for its subsequent signing and ratification. The issue was initiated by the Ministry of Foreign Affairs, which drew attention to the key term «lawyer» in the international treaty.
Interaction
NACB is looking for corruption risks in its activities. Advocates are asked to help
The National Anti-Corruption Bureau of Ukraine has launched a survey aimed at gathering information to identify corruption risks in the activities of the National Bureau and prepare an Anti-Corruption Program for 2026–2028.
Interaction
Agreement on the provision of lobbying services: a template for advocates has been developed by the UNBA
The Ukrainian National Bar Association has prepared a model agreement for the provision of lobbying services that complies with the requirements of the relevant law and takes into account the specific features of such activities carried out by persons providing legal assistance.
Greetings
Nana Bakayanova awarded with the Certificate of honor of the Verkhovna Rada of Ukraine
Nana Bakayanova, head of the Department of judicial, law enforcement and advocacy organizations at the Odessa Law Academy and secretary of the disciplinary chamber of the Odessa Region Qualification and Disciplinary Commission, received a Certificate of honor from the Verkhovna Rada of Ukraine.
Discussion
Law and feelings: advocates explore contemporary challenges in family law
Marriage and divorce are not only legal procedures, but also social phenomena that require a responsible approach. The UNBA Committee on family law organized and held a professional discussion on the topic «Conscious» marriage and «prudent» divorce: challenges, risks, consequences».
Practice of law
BCU strengthens its position on the right of advocate to prioritize cases
In legal practice, it is not uncommon for court hearings in different cases to be scheduled at the same time. This raises the question: which case should the advocate attend first, and can the court interfere with this decision?
Edition
Advocate or lobbyist? The UNBA has presented a guide to distinguishing between the professions
The Ukrainian National Bar Association has prepared a guide that helps distinguish between the legal status of an advocate and a lobbyist, explains the limits of permissible activities for each, and prevents possible violations of ethical and legal standards when participating in public policy-making.
Announcements
Essay contest on the synergy of human and artificial intelligence in diplomacy has begun
The Educational and Scientific Institute of International Relations at Taras Shevchenko National University of Kyiv invites students from higher education institutions in Ukraine to participate in the Second All-Ukrainian essay competition on the topic «Modern Ukrainian diplomacy: synergy of human and artificial intelligence in defending national interests».
Publications
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
Iryna Vasylyk Advocacy in the proclamation of Independence of Ukraine
Oleksandr DULSKY When we cross the border of the Supreme Anti-Corruption Court, we get into another department of the National Anti-Corruption…
Vadym Krasnyk The UNBA will work, and all obstacles and restrictions are only temporary inconveniences