Exemption from payment of the annual fee: applications are accepted from lawyers
Lawyers who have grounds for exemption, reduction or deferral of the annual fee for the bar self-government may submit the relevant applications to the bar councils by the end of this year.
Today, on December 1, the deadline for submitting such applications begins in accordance with the Regulation on Contributions to the Bar Self-Government, approved by the decision of the UNBA No. 4 dated February 3, 2017 (as amended).
According to clause 2.10 of these Regulations, the condition for exemption, reduction or deferral of the annual fee is the advocate's financial insolvency, taking into account the financial/material condition, as well as other actual circumstances.
The benefits are provided for four categories of advocates
- persons with disabilities of groups I and II;
- persons with disabilities as a result of war, participants in hostilities (including persons who participated in hostilities in the territories of other states)
- persons who took part in the liquidation of the consequences of the Chernobyl NPP accident of categories I and II;
- persons who are forced to leave or abandon their place of residence as a result of or in order to avoid the negative consequences of an armed conflict or temporary occupation and have acquired the appropriate status.
Taking into account the distribution of the contribution established by clause 2.2 of the Regulations, applications shall be submitted to:
- Regional Bar Councils - for 70% of the annual fee;
- the Bar Council of Ukraine/National Bar Association of Ukraine - for 30% of the annual fee.
The application (in case of submission by e-mail, the application must be signed with an electronic digital signature) must be accompanied by documents confirming the relevant status and financial situation of the applicant.
How the bar councils will consider applications
Applications for exemption, reduction or deferral of the annual fee for the bar self-government will be considered by the bar councils of the region, the Bar Council of Ukraine/National Bar Association of Ukraine during January 2024.
The decision on exemption, reduction or deferral of payment shall be made if the bar self-government body has the financial capacity, if the provision of such benefits will not create obstacles to its normal activities in accordance with the budget/directions of use of funds for the current year.
Preference is given to persons with disabilities of groups I and II. Others - based on the more difficult financial situation of the person in each particular case.
The Bar Council of the region, the Bar Council of Ukraine/Ukrainian National Bar Association may request additional information on the acquisition of the relevant status and the applicant's financial situation.
Payment by installments
The regional bar council may also grant the advocate an installment plan for the payment of the annual fee, provided that it is paid in equal installments in the first decade of each quarter of the current year.
The decision to grant an installment plan for the payment of the annual fee shall be made by the regional bar council upon the advocate's application submitted within the period from December 1 to December 31 of the current year, provided that the advocate is reasonably and documentedly unable to pay the annual fee in one payment.
We remind that the payment of the annual fee for the exercise of the powers of the bar self-government bodies, in accordance with the decisions of the Congress of Advocates of Ukraine, the Bar Council of Ukraine, and the UNBA acts, is a professional obligation of each advocate. Advocates pay annual fees by January 31 of the current year.
Popular news
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.
Abroad
The CCBE is discussing European justice and issues related to the protection of advocates
Today, October 2, a meeting of the Standing Committee of the Council of Bars and Law Societies of Europe (CCBE) is taking place in Brussels. On the agenda are the protection of the advocate profession, the rule of law, attorney-client privilege, and changes in the European justice system.
Rule of Law Roadmap
The UNBA presented the key provisions of the future law on advocacy in Brussels
The Ukrainian National Bar Association presented its proposals for the upcoming law on advocacy, aligned with the Rule of Law Roadmap. The presentation covered topics such as access to the profession, self-governance, disciplinary procedures, professional development and guarantees for the practice of advocacy.
Educational events
Advocates were taught to voice their complaints without making accusations
In a difficult conversation, it’s easy to confuse facts with opinions, feelings with accusations, and requests with demands. How can you express dissatisfaction, explain your own needs, and propose a specific solution while still allowing your conversation partner the opportunity to refuse or suggest an alternative?
Guarantees of the practice of law
Search of an advocate's office after client's acquittal: criminal complaint filed
In Kyiv, law enforcement officers conducted a search of the home of an advocate who had defended a client acquitted by the court and seized materials from the advocate’s case file. The proceedings were initiated shortly after the acquittal, even though the document they were searching for was already included in the court case file.
Guarantees of the practice of law
The paradoxes of urgency: is it possible to investigate a crime before it is committed?
On September 24 in Kyiv, National Police officers detained an advocate during an emergency search, having caught him in the act of committing a crime. At the time, the pretrial investigation in this case had already been ongoing for more than four months.
Guarantees of the practice of law
A side effect of the video conference: the judge mistook the sound of a chair for the advocate's response
Technology also has its downsides. The High Council of Justice acquitted a judge who failed to hear the advocates during court proceedings in a civil case. One of the arguments presented to the disciplinary body was poor connectivity, the risks of which are borne by the participants.
Guarantees of the practice of law
Unrestricted access to advocates' accounts poses a risk of client data disclosure — BCU
Information regarding transactions in the bank accounts of an advocate, a law firm, or a bar association from which clients can be identified, as well as the fact and subject matter of a request for legal assistance, the purpose of payments, and the amount of the fee constitutes attorney-client privilege. This rule applies regardless of whether the information also constitutes banking information and is in the possession of a bank.
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
