Clarifies the conditions when a legal aid order is considered signed

Advocacy
13:41 Mon 08.07.24 927 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

Guarantees for advocacy without protective measures: proposed changes to the codes

Guarantees of the practice of law

Guarantees for advocacy without protective measures: proposed changes to the codes

The current law sets forth the rights and guarantees of the legal profession, but lacks the tools to protect them. The future law on advocacy is intended to fill this gap through amendments to criminal, administrative and procedural legislation.

19:41 Tue 13.10.26 101
A bill implementing the Convention on the Protection of the Professions of Lawyer has been introduced

Legislation

A bill implementing the Convention on the Protection of the Professions of Lawyer has been introduced

The constitutional guarantees of legal aid, defense, and the independence of advocacy cannot be realized without protecting advocates from unwarranted interference in their professional activities, including searches, the seizure of professional materials and the use of criminal procedural mechanisms to exert pressure.

14:08 Mon 05.10.26 216
The CCBE is discussing European justice and issues related to the protection of advocates

Abroad

The CCBE is discussing European justice and issues related to the protection of advocates

Today, October 2, a meeting of the Standing Committee of the Council of Bars and Law Societies of Europe (CCBE) is taking place in Brussels. On the agenda are the protection of the advocate profession, the rule of law, attorney-client privilege, and changes in the European justice system.

14:04 Fri 02.10.26 160
The UNBA presented the key provisions of the future law on advocacy in Brussels

Rule of Law Roadmap

The UNBA presented the key provisions of the future law on advocacy in Brussels

The Ukrainian National Bar Association presented its proposals for the upcoming law on advocacy, aligned with the Rule of Law Roadmap. The presentation covered topics such as access to the profession, self-governance, disciplinary procedures, professional development and guarantees for the practice of advocacy.

20:36 Thu 01.10.26 211
First the return of assets, then subsidiary liability — an opinion

Discussion

First the return of assets, then subsidiary liability — an opinion

In bankruptcy cases, the legal entity’s ability to preserve and restore the financial foundation of its operations requires legal protection. In this regard, the right to solvency in which the legal entity is the aggrieved party should be an independent object of legal protection.

16:27 Thu 01.10.26 103
Advocates were taught to voice their complaints without making accusations

Educational events

Advocates were taught to voice their complaints without making accusations

In a difficult conversation, it’s easy to confuse facts with opinions, feelings with accusations, and requests with demands. How can you express dissatisfaction, explain your own needs, and propose a specific solution while still allowing your conversation partner the opportunity to refuse or suggest an alternative?

10:29 Wed 30.09.26 138
Search of an advocate's office after client's acquittal: criminal complaint filed

Guarantees of the practice of law

Search of an advocate's office after client's acquittal: criminal complaint filed

In Kyiv, law enforcement officers conducted a search of the home of an advocate who had defended a client acquitted by the court and seized materials from the advocate’s case file. The proceedings were initiated shortly after the acquittal, even though the document they were searching for was already included in the court case file.

17:54 Tue 29.09.26 108
The paradoxes of urgency: is it possible to investigate a crime before it is committed?

Guarantees of the practice of law

The paradoxes of urgency: is it possible to investigate a crime before it is committed?

On September 24 in Kyiv, National Police officers detained an advocate during an emergency search, having caught him in the act of committing a crime. At the time, the pretrial investigation in this case had already been ongoing for more than four months.

18:01 Mon 28.09.26 115

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

Оберіть файл