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.
Legal fees: how much do lawyers pay abroad
In all countries, advocates pay contributions to ensure the implementation of bar self-government in one way or another. Sometimes they are higher, sometimes lower. Sometimes it depends on the region or the length of service of the advocate. Some bar associations introduce the possibility of installments.
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.
Problems of the FLA system were discussed by the Ombudsman
Due to the lack of control established by law, the quality of legal aid provision in the country is gradually declining. And experienced lawyers lose motivation to cooperate with the FLA system.
The circle of FLA recipients should be expanded, - BCU
Although the UNBA Committee on Legal Aid has consistently advocated for narrowing the list of persons entitled to free legal aid, there is one category of citizens in Ukraine who are unreasonably restricted in their right to receive such aid.
How lawyers subject to financial monitoring should report to the Ministry of Justice - clarification of the BCU
Attorneys, law firms and associations, in cases where they are specially designated subjects of primary financial monitoring, must submit reports to the relevant interregional departments of the Ministry of Justice of Ukraine.
Advocate's fee in 2024: BCU reminded the amount
The annual contribution to ensure the implementation of the bar self-government is traditionally tied to the amount of the subsistence minimum for able-bodied persons established as of January 1 of the relevant calendar year.
There are 47 thousand active lawyers in Ukraine
Today, we have 41713 attorneys registered in the electronic office on the website of the Ukrainian National Bar Association.
Lidiya Izovitova outlined the key problems of the Bar in 2023
The current year is not exactly favorable to lawyers and the bar. And, unfortunately, there is no reason to hope for a quick end to the troubles that became particularly acute on February 24 last year.