Status of a foreign lawyer in the Czech Republic: Prospects for obtaining it
For those Ukrainian lawyers who left for the EU because of the war and continue to practice, it is of particular importance to obtain the status of a foreign lawyer in the host country. At the very least, it is a matter of ensuring the preservation of the attorney-client privilege.
Olena Maksymenko, the UNBA representative in the Czech Republic, spoke about the prospects of obtaining the relevant status for Ukrainian lawyers in the Czech Republic during a meeting with the leadership of the Czech Bar Association (Česká advokátní komora, ČAK): President Robert Nemec and Vice Presidents Monika Novotna and Martin Meissner.
In particular, foreign colleagues were very interested in the possibility of Ukrainian lawyers to continue their work online from anywhere in the world.
Therefore, the UNBA representative spoke about the possibilities of signing and submitting electronic documents, showed the applications that have already become an integral part of the legal profession in Ukraine (Electronic Court, Diia), demonstrated the nuances of work on the examples of submitting a power of attorney for representation to the court, an agreement for the provision of legal services, and promised to prepare an article for Czech lawyers on Ukraine's experience in the digitalisation of legal proceedings, which will be published in the ČAK newsletter.
At the same time, representation of clients' interests is inextricably linked to compliance with the guarantees of activity, in particular, the preservation of attorney-client privilege. To do so, one must have the appropriate status in the host country.
To help Ukrainians in this matter, O. Maksymenko suggested developing a basic seminar for lawyers that would explain in detail the requirements for them as foreign lawyers, as well as the specifics of preparing for the qualification exam. The possibility of conducting such an exam in Ukrainian was also discussed. The ČAK emphasised that such a proposal could be implemented through the approval of the Ministry of Justice of the Czech Republic.
It should be reminded that the Czech Bar provided the largest amount of assistance (€80 thousand) and was the first among all international donors and partners of the UNBA to do so.
For reference: useful information for persons in need of temporary protection in the Czech Republic is available on the website of the Czech Chamber of Advocates at the link.
Popular news
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.
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.
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.
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.
Legislation
Exceptions to the state prosecutor's representation in court must be consistent with the CCU's decision
To prevent the provisions of Article 23 of the Law «On the prosecutor’s office» from being declared unconstitutional again, the proposed amendments contained in the government’s draft law should be clarified.
Educational events
How can an advocate defend a client whose data is processed by the Interpol system?
The absence of a last name on the Interpol website does not necessarily mean that no one is looking for that person. How can you find out exactly what information police databases in 196 countries hold about a client, and does the removal of a record mean that the problems are behind you?
Legislation
A bill implementing the Convention on the Protection of the Professions of Lawyer has been introduced
The constitutional guarantees of legal aid, defense, and the independence of advocacy cannot be realized without protecting advocates from unwarranted interference in their professional activities, including searches, the seizure of professional materials and the use of criminal procedural mechanisms to exert pressure.
Discussion
War-related business losses: from documenting damage to seeking sources of compensation
How can businesses document war-related losses without losing evidence during the recovery process? What does an insurance policy actually cover, and where can assets be found for recovery? These are the questions facing businesses for which a court ruling does not yet mean actual compensation.
Publications
Vasyl Kolishnyi, «Law and Business» Supporting mental health should become part of the professional culture of the Bar, - H. Udovenko
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
