Notaries and state registrars will be obliged to provide lawyers with information from the registers

Advocacy
14:58 Fri 02.02.24 195 Reviews
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When sending lawyers' requests to obtain data contained in state registers, lawyers often receive rejections. The recipients of the requests give various reasons for this. But these refusals impede the professional performance of professional duties!

This was pointed out by MP Oleksandr Yurchenko, who registered in the Verkhovna Rada the draft Law No. 10446 of 30.01.2024 «On Amendments to Certain Laws of Ukraine on Response to a Lawyer's Request».

It is proposed to supplement the document:

  • Art. 1 of Article 24 of the Law on the Bar and Practice of Law
  • Art. 8 of the Law on Notaries
  • Art. 3 of Article 32 of the Law on State Registration of Real Property Rights and Encumbrances
  • Art. 7 of Article 11 of the Law on State Registration of Legal Entities, Individual Entrepreneurs and Public Organizations

which provide for the obligation of the bodies that maintain state registers to provide full information and copies of documents necessary for an attorney to provide legal assistance to a client (except for information with restricted access and copies of documents containing information with restricted access).

This refers to the Inheritance Register and other unified and state registers operating in the system of the Ministry of Justice of Ukraine (for notaries), the State Register of Rights and the Unified State Register (for state registrars).

It is noted that the submission of an attorney's request by an attorney is a professional right of an attorney in connection with the provision of legal aid on the basis of a legal aid agreement and entitles an attorney to receive, upon an attorney's request, virtually any information and documents necessary for the attorney to assist the client.

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