Clarifies the conditions when a legal aid order is considered signed

Advocacy
13:41 Mon 08.07.24 317 Reviews
Print

Due to the digitalization of document management processes, the practice of government agencies and attorneys sometimes raises questions about the execution of documents in electronic form. For example, how to properly certify attachments to an electronic lawyer's request?

This question arose from Mykola Rudyk, Head of the Main Service Center of the Ministry of Internal Affairs, and attorney Anatoliy Opanasenko. And the Bar Council of Ukraine answered it by its decision No. 36 dated 08.06.2024 «On Amendments to the Regulations on the Order for Legal Aid and to the Decision of the Bar Council No. 162 dated August 04, 2017».

The Decision of the Bar Council of Ukraine dated 08.06.2024 No. 36 «On Amendments to the Regulations on the Order for Legal Aid and to the Decision of the Bar Council No. 162 dated August 04, 2017» was published on the website of the Ukrainian National Bar Association.

In particular, the Regulation on the Order for Legal Aid, approved by the decision of the UNBA No. 41 dated 12.04.2019, clarified that the order (as a written document) may be in both paper and electronic form. The signature of the lawyer, the head of the law firm, or the attorney may be made in person or with the use of an electronic signature.

The order shall be deemed signed if:

  • its column «Attorney» contains either a handwritten (physical) signature
  • the order is certified by an electronic signature;
  • the document to which the order is an attachment is certified with an electronic signature.

Therefore, an electronic copy of an electronic order for the provision of legal aid is made in the manner prescribed for the original order for the provision of legal aid in electronic form (visual presentation of an electronic document in electronic form with an electronic signature) and does not require the words «According to the original»).

The BCU also further explained that within the meaning of Article 24 of the Law «On the Bar and Practice of Law», an electronic copy of an electronic order for the provision of legal aid is a copy of an electronic order made in the manner prescribed for the original order in electronic form, in accordance with Article 7 of the Law «On Electronic Documents and Electronic Document Management» with the imposition of an electronic signature of the author or a signature equivalent to a handwritten signature in accordance with the Law «On Electronic Identification and Electronic Trust Services».

Popular news

Another conflict with the TCC: an advocate's leg was broken and his client jumped out of a window

Advocacy

Another conflict with the TCC: an advocate's leg was broken and his client jumped out of a window

On June 19, at the premises of the military medical commission, where a bus from the Krasnograd Territorial Center for Recruitment and Social Support delivered several people, an incident occurred involving the use of physical force against an advocate.

13:34 Fri 20.06.25 112
The Bar Council of Ukraine appealed to the High Council of Justice due to delays in forming the Competition Commission of the HQCJ

Advocacy

The Bar Council of Ukraine appealed to the High Council of Justice due to delays in forming the Competition Commission of t…

On June 13, 2025, Lidiya Izovitova, President of the Bar Council of Ukraine, addressed Grigory Usik, Head of the High Council of Justice, regarding the violation of the deadlines for forming a new composition of the Competition Commission for the selection of members of the High Qualification Commission of Judges of Ukraine.

17:29 Fri 13.06.25 124
UNBA calls for compliance with Council of Europe standards for the legal profession

Advocacy

UNBA calls for compliance with Council of Europe standards for the legal profession

The recently approved roadmap for EU accession in terms of bar reform refers to non-existent European standards and was adopted in violation of international principles. Therefore, before talking about changes, it is necessary to compare the current model of the bar with the Council of Europe standards embodied in the Convention on the Protection of the Profession of Lawyer.

14:19 Fri 06.06.25 132
Mobilization of advocates in court: UNBA records another case of pressure

Advocacy

Mobilization of advocates in court: UNBA records another case of pressure

The Ukrainian advocacy has once again faced extrajudicial influence on advocates with the aim of obstructing the exercise of their legitimate powers related to the provision of professional legal assistance to clients.

16:35 Fri 30.05.25 209
BCU demands verification of authenticity of SSU letter on «dangerous» advocacy

Advocacy

BCU demands verification of authenticity of SSU letter on «dangerous» advocacy

The Bar Council of Ukraine will appeal to the head of the Security Service of Ukraine, Vasyl Malyuk, regarding the verification of information about «negative trends in the legal profession» disseminated by some media outlets on behalf of the SSU.

17:34 Wed 14.05.25 159
Council of Europe Convention on the Protection of the Profession of Advocate open for signature

Advocacy

Council of Europe Convention on the Protection of the Profession of Advocate open for signature

Thirteen member states of the Council of Europe have signed the Convention on the Protection of the Profession of Advocate, which was adopted by the Committee of Ministers of the Council of Europe on March 12, 2025. Four more countries will do so today. Ukraine is not among them.

9:28 Wed 14.05.25 187
BCU initiates resolution of the issue of visits by advocates to convicted persons

Advocacy

BCU initiates resolution of the issue of visits by advocates to convicted persons

Article 110 of the Criminal Enforcement Code guarantees convicted persons confidentiality of meetings with their advocate. One of the important elements is the possibility to communicate with an advocate in a room without a solid partition. In practice, this provision of the law is systematically violated.

12:32 Wed 07.05.25 142
Advocates, academics, and experts examine problems in forensic examination (video)

Advocacy

Advocates, academics, and experts examine problems in forensic examination (video)

The Ukrainian National Bar Association, in cooperation with leading scientific and research institutes of forensic expertise, organized a round table on expert support for legal practice.

14:39 Mon 05.05.25 164

Надішліть файл із текстом публікації у форматі *.doc, фотографію за тематикою у розмірі 640х400 та Ваше фото.

Оберіть файл