Notaries and state registrars will be obliged to provide lawyers with information from the registers
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.
Popular news
Advocacy
UNBA to file criminal complaints about violations of advocates' rights
Recently, the UNBA has received more frequent appeals about violations of the rights of lawyers and guarantees of the practice of law. Including by employees of the territorial centers of recruitment and social support. Some of the facts contain signs of a crime.
Advocacy
An extract from the URAU will be available in your personal account
Starting Monday, September 23, lawyers will be able to independently generate extracts from the Unified Register of Advocates of Ukraine through their personal electronic account on the website of the Ukrainian National Bar Association.
Advocacy
A Register of Administrative Proceedings on Lawyers' Complaints to Be Established in Ukraine
All cases of unlawful refusal to provide information at the request of lawyers, the requests of the QDCB, their chambers or members will be recorded in the Register of applications (appeals) on administrative offenses. The relevant terms of reference have already been submitted to the IT service for implementation.
Advocacy
The shadow report on justice will be evaluated at the BCU
Recently, the so-called Shadow Report to the Justice and Fundamental Rights section of the European Commission's Report on Ukraine was published, prepared by a coalition of NGOs led by the Agency for Legislative Initiatives with the support of the European Union's Pravo-Justice Project and other NGOs.
Advocacy
Ukraine on the way to the OECD: the Bar contributes to the implementation of the program
Accession to the Organization for Economic Cooperation and Development is a common challenge for all national institutions, on which the European future of the state depends. The Bar contributes to the implementation of the relevant OECD Program for Ukraine.
Advocacy
The work on the Convention on the Protection of the Legal Profession has been completed
The Council of Europe has prepared the final text of the draft Convention on the Protection of the Legal Profession, the world's first document that sets international standards for the protection of lawyers, guarantees their independence and protects them from risks associated with the performance of their professional duties.
Advocacy
The UNBA is studying additional opportunities to support advocates
The full-scale invasion has seriously affected the mental health of all Ukrainians. There are certain vulnerable groups that have been most affected by the war in their personal and professional lives, including lawyers.
Advocacy
Everyone deserves protection, the Bar fulfills this requirement of the Constitution
The formation of the opinion in society that lawyers somehow choose their clients incorrectly because some people are not worthy of defense is a very dangerous phenomenon for the state. In the future, our enemies can use it against Ukraine.
Publications
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
Iryna Vasylyk Advocacy in the proclamation of Independence of Ukraine
Oleksandr DULSKY When we cross the border of the Supreme Anti-Corruption Court, we get into another department of the National Anti-Corruption…
Vadym Krasnyk The UNBA will work, and all obstacles and restrictions are only temporary inconveniences
Lydia Izovitova Interview with Lydia Izovitova on the occasion of the 8th anniversary of the founding of UNBA: We are the voice of t…