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

Advocacy
12:00 Thu 07.09.23 44 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

Advocacy

The Ukrainian National Bar Association is expanding its international relations.

The UNBA Vice President, Mr. Valentyn Gvozdiy, recently visited Japan, where he met with the leadership of the Japan Federation of Bar Associations (JFBA) and representatives of law firms.

16:26 Fri 21.07.23 182

Advocacy

Ukrainian becomes the leader of the European Young Bar Association

On June 22 - 25, the European Young Bar Association (EYBA) summer conference was held in Oslo (Norway), where the organization's new leadership was elected.

20:54 Tue 27.06.23 188

Advocacy

Kakhovka hydroelectric power station explosion: advocates in the disaster zone will be provided with assistance

Attorneys of the Kherson region who suffered from the consequences of the man-made disaster caused by the destruction of the Kakhovka hydroelectric power station dam will receive assistance from the Ukrainian National Bar Association.

12:07 Thu 08.06.23 210

Advocacy

Ukrainian authorities should provide defense guarantees for lawyers - ECBA

The prohibition of identification of an advocate with a client must be enforced under any circumstances, regardless of the category of cases. Ensuring this guarantee of the legal profession is a positive obligation of each state.

18:10 Fri 12.05.23 273

Advocacy

European advocates discussed the legal consequences of the war in Ukraine

18:00 Fri 12.05.23 279

Advocacy

UNBA presents recommendations for adopting a child for foreign citizens and citizens of Ukraine permanently residing abroad

The Family Law Committee of UNBA and the Center "Child Advocate" of the Higher School of Advocacy of UNBA have prepared recommendations on adoption of a child residing in Ukraine for foreign citizens and citizens of Ukraine who are permanently abroad.

14:49 Fri 28.04.23 333

Advocacy

The UNBA took part in the presentation of the Council of Europe Action Plan for 2023-2026

20:15 Mon 24.04.23 354

Advocacy

The UNBA Board of Trustees provided financial assistance to the families of advocates affected by military operations

10:00 Thu 13.04.23 315

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

Оберіть файл