To become a lawyer, a serviceman can overcome incompatibility after the war

Advocacy
12:00 Thu 07.09.23 518 Reviews
Print

If, during the war, the regional bar council has decided to issue a certificate of the right to practice law to a person performing military or alternative service, the latter must eliminate the circumstances of incompatibility within six months after the lifting of martial law.

The relevant amendment was made to the Regulation on the Organisation and Procedure for the Internship for Obtaining a Certificate of the Right to Practice Law (Decision of the BCU No. 89 dated 11-12 August 2023).

It is worth reminding that according to part 1 of Article 7 of the Law «On the Bar and Practice of Law», the following activities are incompatible with the practice of law:

1) work in the positions of persons referred to in clause 1, part 1, Article 3 of the Law «On Prevention of Corruption» (public service);

2) military or alternative (non-military) service;

3) notary activity;

4) forensic expert activity.

And according to the general rule of clause 11.13 of the said Regulation, if, based on the results of the internship assessment, the regional bar council decides to issue a certificate of the right to practice law to a person in respect of whom there are circumstances of incompatibility, this person must eliminate them within 30 days from the date of the relevant decision of the Bar Council and before taking the oath of the Ukrainian advocate. If the candidate fails to do so, he or she cannot be sworn in, and the regional bar council must cancel its decision to issue a certificate of the right to practice law. After that, the person may repeat the internship, but if, at the time of the repeated referral to the internship, the certificate of passing the qualification exam is valid.

Thus, the Bar Council of Ukraine has actually protected the interests of those candidates for the bar who have passed all the necessary qualification procedures for obtaining a certificate but were called up for military service. In order to prevent the defenders of Ukraine from losing their opportunity to become advocates, the deadline for them to eliminate the incompatibility circumstances was extended.

Popular news

The UNBA explained what could undermine the plan to introduce plea agreements

Legislation

The UNBA explained what could undermine the plan to introduce plea agreements

Information regarding who pays whom, how much, and on what grounds under a plea agreement must be made public. However, as long as this information is classified as a state secret or personal data, the court will continue to be able to close proceedings and restrict access to judgments.

10:41 Tue 20.10.26 107
The UNBA and the German Institute for Eastern Law will prepare joint legal opinions

Interaction

The UNBA and the German Institute for Eastern Law will prepare joint legal opinions

Ukrainian advocates and German legal scholars will jointly prepare comparative legal studies, expert opinions, and professional events. The UNBA reached this agreement with the Institute for Eastern European Law in Regensburg, which has been researching the laws of Central and Eastern European countries for nearly 70 years.

17:41 Mon 19.10.26 109
Proceedings against military personnel following AWOL require clear deadlines — UNBA

Legislation

Proceedings against military personnel following AWOL require clear deadlines — UNBA

A soldier’s return to duty after AWOL does not necessarily mean the end of criminal proceedings. To ensure that the case does not remain at the pretrial investigation stage, a clear procedure for the investigator and prosecutor is required.

19:04 Fri 16.10.26 183
A one-time payment or royalties? Students were briefed on changes to copyright agreements

Educational events

A one-time payment or royalties? Students were briefed on changes to copyright agreements

As a general rule, property rights to a work created by an employee are transferred to the employer, but the author retains the right to remuneration. European law requires that this remuneration be based on the actual income generated by the work, rather than being limited to a one-time payment.

13:46 Fri 16.10.26 113
The UNBA warned of the risk of customs barriers for Ukrainian paper and furniture

Legislation

The UNBA warned of the risk of customs barriers for Ukrainian paper and furniture

Ukraine’s anti-deforestation rules are intended to preserve export access to the EU market. However, without paper and furniture on the list of goods, without effective sanctions, and with enforcement beginning only in 2030, these rules could hinder that goal.

11:12 Fri 16.10.26 140
Fines for loud exhaust — based on a standardized measurement method — UNBA

Legislation

Fines for loud exhaust — based on a standardized measurement method — UNBA

Measures to combat intentionally loud exhaust noises are justified, especially during wartime. However, as long as the law does not specify which noise standard to apply or how to measure it on the road, this new liability can be neither fair nor effective.

13:53 Thu 15.10.26 129
What should an advocate do if a client is under severe stress?

Educational events

What should an advocate do if a client is under severe stress?

An advocate may encounter a client in a state of acute stress, when the person is looking at the other person but does not see them. Before discussing the case, it is important to bring the client back to reality: establish contact, ask a few questions, and engage their senses.

18:12 Wed 14.10.26 107
Guarantees for advocacy without protective measures: proposed changes to the codes

Guarantees of the practice of law

Guarantees for advocacy without protective measures: proposed changes to the codes

The current law sets forth the rights and guarantees of the legal profession, but lacks the tools to protect them. The future law on advocacy is intended to fill this gap through amendments to criminal, administrative and procedural legislation.

19:41 Tue 13.10.26 184

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

Оберіть файл