Clarifies the conditions when a legal aid order is considered signed

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 of the practice of law
The process of signing the Convention on the protection of the profession of advocate was taken under control by t…
The Ministry of Justice sent the text of the translation of the Council of Europe Convention on the protection of the advocate to the Ministry of Foreign Affairs «for review and approval». The main legal authority also expressed its support for the Ministry of Foreign Affairs regarding the signing and ratification of this Convention.

Guarantees of the practice of law
Statement by the UNBA Committee on the «National Police investigation»
The media is spreading news that the National Police of Ukraine is allegedly investigating a criminal offense committed by the leadership of the Ukrainian National Bar Association.

Discussion
Without the protection of advocates, there will be no fair trials in Ukraine — forum in Odesa
Identifying an advocate with their client undermines the foundations of justice, as it deprives individuals of the opportunity to exercise their right to defense, forces advocates to avoid participating in high-profile cases, and ultimately renders procedural guarantees meaningless. Without this, fair trial is impossible.

Guarantees of the practice of law
The number of cases where advocates are identified with their clients is growing – UNBA report
Advocates are increasingly being held hostage to political processes, with them being equated with their clients. Such actions undermine the independence of the profession and create an atmosphere of intimidation, as a result of which Ukrainian citizens are deprived of their right to defense.

Legislation
What data is sufficient to initiate an investigation – UNBA comments on draft law No. 12439
The problem of law enforcement pressure on business remains one of the most acute for the Ukrainian economy. The lack of regulation of certain procedures in the Criminal Procedure Code leads to abuses, as a result of which entrepreneurs find themselves in a state of legal uncertainty.

Guarantees of the practice of law
Law on advocacy and the Council of Europe Convention: the UNBA assessed compliance (comparative table)
The Ukrainian National Bar Association has prepared and published a comparative table showing the extent to which Ukrainian legislation complies with the provisions of the Council of Europe Convention on the protection of the profession of advocate.

Guarantees of the practice of law
The Verkhovna Rada is waiting for the Minister of Justice to take action on signing the Convention on the protection of t…
Ukraine, which was directly involved in the preparation of the world's first Council of Europe Convention on the protection of the profession of advocate, has still not signed it. There appear to be no formal objections, but no real steps have been taken towards accession either.

Abroad
Australian advocate apologizes in court for fake AI quotes
In Australia, a royal advocate apologized to a judge for submitting documents in a criminal case against a teenager accused of murder that contained fabricated quotes and non-existent court decisions generated by artificial intelligence.
Publications

Censor.net Protecting advocates – protecting justice: addressing concerns about the new law

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