How to ensure actual compliance with the deadlines for responding to a lawyer's request – draft
By law, persons who have received a lawyer's request are obliged to provide the requested information no later than five business days from the date of receipt. In practice, the response to the attorney is dated within these time limits, but in reality it may be sent within weeks or even months.
The draft law No. 10445 dated 30.01.2024 «On Amendments to the Law of Ukraine «On the Bar and Practice of Law» regarding the Regulation of the Timeliness of Receiving a Response to a Lawyer's Request», the text of which appeared on the website of the Verkhovna Rada, is intended to solve this problem.
The author of the legislative initiative proposes to enshrine the need to notify the lawyer of the sending of a response to the lawyer's request.
To do this, the MP believes that part 2 of Article 24 of the Law on the Bar and Practice of Law should be amended to state that, at the request of an attorney, information and copies of documents requested by an attorney should be sent by electronic means with an electronic qualification signature.
As a reminder, an attorney's request is a written request by an attorney to a public authority, local government body, their officials and employees, enterprises, institutions and organizations regardless of their form of ownership and subordination, and public associations for information and copies of documents required by the attorney to provide legal assistance to a client.
The advocate's request shall be accompanied by copies of the certificate of the right to practice law, an order or instruction of the body (institution) authorized by law to provide legal aid. It is prohibited to require the advocate to submit other documents together with the request for legal aid.
The advocate's request may not concern the provision of consultations and explanations of the provisions of the law.
The state authority, local self-government body, their officials and officers, heads of enterprises, institutions, organizations, and public associations, to which the advocate's request was sent, shall, not later than five working days from the date of receipt of the request, provide the advocate with the relevant information, copies of documents, except for information with restricted access and copies of documents containing information with restricted access.
If the advocate's request relates to the provision of a significant amount of information or requires the search for information among a significant amount of data, the term for consideration of the advocate's request may be extended up to twenty business days with justification of the reasons for such extension, which shall be communicated to the advocate in writing not later than five business days from the date of receipt of the advocate's request.
Popular news
Interaction
Energy law: the UNBA and the ADMGE have agreed to cooperate
Advocates will deepen their professional expertise in the field of energy law, and participants in the distributed and flexible generation market will have greater opportunities to obtain professional legal assistance.
Discussion
The Ministry of Defense is preparing new procedures for MMC: what changes are being proposed
The Ministry of Defense is establishing an interagency working group to develop a new procedure for military medical examinations conducted by military medical commissions. Among the issues requiring resolution are the issuance of documents based on examination results, referrals for repeat medical examinations, verification of the medical basis for decisions, and the accountability of military medical commission members.
Interaction
The UNBA is developing a concept for a Center for expert research
The Ukrainian National Bar Association has begun work on a concept for a Center for expert research, which is intended to provide advocates and their clients with access to specialized knowledge and the ability to have expert opinions professionally reviewed.
Guarantees of the practice of law
Ombudsman calls for a firm response to violence against advocates
Every instance of obstruction of an advocate’s lawful activities, use of physical force, delaying an investigation, or concealment of evidence must be subject to a proper legal assessment. The state is obligated to ensure that the right to a defense is a genuine guarantee.
Discussion
Children under temporary protection: jurisdiction, evidence and a local advocate
In a cross-border dispute involving a child, temporary protection status alone does not determine jurisdiction or guarantee a specific outcome. An advocate needs coordinated action in Ukraine and the host country, a timely legal opinion, a local colleague, and a professional translation.
Greetings
The UNBA congratulates Denis Maslov on his appointment as Minister of Justice
Denis Maslov’s many years of experience as a advocate, his work as a judge and his tenure as chairman of the Verkhovna Rada of Ukraine’s Committee on legal policy have given him a deep understanding of how the legal system functions and the challenges it faces.
Legislation
The Verkhovna Rada explained why the section on advocacy should be removed from the anti-corruption strategy
The section on advocacy and legal aid in the draft anti-corruption strategy for 2026–2030 goes beyond the scope of anti-corruption policy and is inconsistent with the constitutional guarantees of the independence of the legal profession.
Announcements
Advocates are invited to the III UAA Arbitration Academy 2026
The UNBA, at the initiative of the Committee on alternative dispute resolution, invites advocates, lawyers, students, judges, government officials and anyone interested in international arbitration to participate in the III UAA Arbitration Academy 2026.
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