Financial monitoring: when a lawyer must submit reports to the Ministry of Justice
Attorneys, law firms and law associations become specially designated subjects of initial financial monitoring only when they support certain transactions. Therefore, they must ensure the organization and conduct of initial financial monitoring.
Relevant provisions are contained in the Law «On Prevention and Counteraction to Legalization (Laundering) of Proceeds of Crime, Terrorist Financing and Financing of the Proliferation of Weapons of Mass Destruction».
This refers to the exclusive list of transactions set forth in clause 1 of part 1 of Article 10 of the Law:
- purchase and sale of real estate or property management in the financing of housing construction;
- purchase and sale of business entities and corporate rights;
- management of funds, securities or other assets of the client;
- opening and/or managing a bank or securities account;
- raising funds necessary for the establishment of legal entities and funds, ensuring their operation or management;
- Establishment, operation or management of legal entities, funds, trusts or other similar legal entities.
Procedures established by law oblige us to identify suspicious financial transactions of clients and report them to the State Financial Monitoring Service of Ukraine. In this way, the state prevents the use of attorneys' services by their clients in conducting criminal financial transactions.
At the same time, it should be borne in mind that according to part 3 of Article 10 of the Law, lawyers, bureaus and associations are not obliged to fulfill the duties established by the legislation on financial monitoring in the following cases:
- providing services for the protection of the client;
- if a person has the status of an attorney, but works under an employment contract at an enterprise, institution, or organization as a legal adviser (except when a person enters into a legal aid agreement with his or her employer as an attorney);
- representation of the client's interests in the judicial authorities and in cases of pre-trial settlement of disputes;
- providing advice on defense and representation of the client.
When performing the duties of a primary financial monitoring entity, an attorney-at-law must apply a risk-based approach, taking into account the updated Risk Criteria for Legalization (Laundering) of Proceeds of Crime, Terrorist Financing and Financing of the Proliferation of Weapons of Mass Destruction, approved by the Order of the Ministry of Finance dated 28.12.2022.
When assessing risks, attorneys should analyze the following criteria:
- by type of client;
- related to the geographical location of the client's state of residence (stay, registration) or the institution through which he or she transfers (receives) assets;
- by the type (type) of service (product) and by the method (channel) of providing or receiving the service (product).
In accordance with the requirements of Art. 9 of the Law, a law firm or association must appoint a responsible employee and develop internal documents on financial monitoring - Rules and Program, which regulate in detail the procedure for fulfilling obligations under the financial monitoring legislation. If an attorney is practicing law individually, these particular requirements of the law do not apply to him or her.
You can learn more about all of this by watching the webinar «Financial Monitoring in the Practice of Law through the Prism of the BCU's Decisions».
State regulation in this area and supervision over the activities of law firms, law firms and attorneys is carried out by the Ministry of Justice of Ukraine. On June 16, 2023, the Cabinet of Ministers approved the Procedure for Supervision in the Field of Prevention and Counteraction to Legalization (Laundering) of Proceeds of Crime, Terrorist Financing and Financing of the Proliferation of Weapons of Mass Destruction over the Activities of Primary Financial Monitoring Entities, State Regulation and Supervision of which is carried out by the Ministry of Finance, the Ministry of Justice, and the Ministry of Digital Transformation (Resolution No. 662).
Pursuant to this Procedure and other legislation on financial monitoring, attorneys, bureaus and associations are obliged to timely and fully submit (execute, certify), in accordance with the procedure established by the Ministry of Justice, at the request of the Ministry of Justice, reliable information and/or documents (conclusions, decisions, etc.), copies of documents or excerpts from documents relating to the compliance of attorneys, bureaus and associations with the requirements of the legislation in the field of financial monitoring and necessary for the Ministry of Justice to exercise its supervision.
It should also be borne in mind that on June 17, 2022, the Ministry of Justice issued Order No. 2522/5 «Some Issues of Formation of Administrative Reporting by the Ministry of Justice of Ukraine as a Subject of State Financial Monitoring in the Field of Prevention and Counteraction to Legalization (Laundering) of Proceeds of Crime, Terrorist Financing and Financing of the Proliferation of Weapons of Mass Destruction», which approved the reporting form No. 1-finmon (annual) and the Instructions for filling out and submitting this reporting form.
Detailed recommendations for completing and submitting this reporting form N 1-finmon by lawyers, bureaus and associations that are subjects of primary financial monitoring are contained in the information letter approved by the Bar Council of Ukraine at its meeting on December 15, 2023.
The material was prepared by Valentyn Gvozdiy, the Vice President of UNBA, BCU.
Popular news
Guarantees of the practice of law
Ukraine has signed the Convention for the Protection of the Profession of Lawyer
Today, on 9 March, Ukraine's Permanent Representative to the Council of Europe Mykola Tochytskyi signed the Council of Europe Convention for the Protection of the Profession of Lawyer. This makes our country the 28th to sign this important international treaty.
European integration
A translation of the report on advocacy presented to the European Parliament has been published
A translation of a research report on the Ukrainian advocacy profession in wartime, previously presented to the European Parliament in Brussels, has been published. The document is presented as a basis for discussion on the rule of law, Ukraine's European integration aspirations, and countering Russian disinformation in the legal sphere.
Legal defence of military personnel
How to formalize discharge from military service: practical workshop
The issue of discharge from military service remains one of the most pressing and complex for Ukrainian defenders and their families. Due to constant changes in legislation, military personnel often face refusals to discharge them from service or even to consider their reports.
Legislation
The Verkhovna Rada Committee criticized the format of the government working group on advocacy
The implementation of the Roadmap on the rule of law (approved by Cabinet of Ministers Resolution No. 475-r of May 14, 2025) in relation to advocacy raises the practical question of who exactly should prepare legislative changes and how.
Self-government
The BCU demands a review of the composition of the government working group on reforming the advocacy profession
The President of the UNBA, BCU Lidiya Izovitova, appealed to the Cabinet of Ministers of Ukraine to review the composition of the working group on improving legislation in the field of advocacy and legal practice.
Guarantees of the practice of law
The President has determined, who will sign the Convention for the Protection of the Profession of Lawyer
President of Ukraine Volodymyr Zelenskyy authorized Ukraine's Permanent Representative to the Council of Europe Mykola Tochytskyi to sign the Council of Europe Convention for the Protection of the Profession of Lawyer.
Legislation
After the war amnesty for criminals or exemption from responsibility?
To ensure national reconciliation, rehabilitation of persons who have been persecuted for political reasons, restoration of justice, and establishment of lasting peace, it is proposed to introduce an amnesty after the war.
Discussion
Why lowering the age of marriage lacks legal logic
Although until 2012 there was a provision in family law that allowed children to marry from the age of 14 under certain circumstances, its return to Ukrainian law would contradict international obligations and the logic of criminal law.
Publications
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
Sergiy Vylkov Our judicial system is so built that courts do not trust advocates