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
Independent oversight is necessary before using CISA materials against an advocate – Lidiya Izovitova
Before the prosecution uses information obtained during covert investigative actions and related to an advocate’s activities, independent procedural oversight must be conducted. It is necessary to determine whether such information is covered by attorney-client privilege and whether it may be disclosed.
Self-government
Efforts to develop advocacy must be brought to fruition — A. Misyats
The Ukrainian advocacy profession is currently going through a critical phase. Amid the war, it must ensure the continuity of legal aid, defend the independence of the profession, and improve qualification and disciplinary procedures in accordance with European standards. The work that has been started must be brought to a practical conclusion.
Support
Protecting the legal profession, cybersecurity and support for advocates: common themes for the IBA and the UNBA
On September 18, a working meeting was held at the office of the Ukrainian National Bar Association with Executive Director of the International Bar Association (IBA) Mark Ellis. The parties discussed the Ukrainian advocacy profession’s participation in European legal processes, the protection of the UNBA’s digital infrastructure, psychological support for advocates and future areas of cooperation.
Educational events
Tax residency of Ukrainians abroad: what matters
The determination of tax residency for Ukrainians who have been living abroad for an extended period depends on the combination of their personal and economic ties to each country. The established status determines the procedure for reporting income, paying taxes and fulfilling CFC reporting obligations.
War
Are Europe's advocacy associations prepared for a potential war? V. Gvozdiy shared lessons from the Ukrainian experience
The continuity of the bar’s self-governance, the protection of professional registries and archives, as well as equal guarantees of employment for advocates, judges, and prosecutors must be enshrined in advance in legislation in the event of war or another emergency.
Legal defence of military personnel
Payments to military personnel require clear and uniform criteria — UNBA Committee
The vagueness of terms in subordinate regulatory acts leads to differing interpretations of the grounds for paying additional compensation to military personnel. The UNBA has proposed harmonizing these acts and establishing transparent criteria for the allocation of funds.
Legislation
The UNBA will prepare guidelines on lawyers' requests
By the end of 2026, the UNBA Committee on the prevention of administrative offenses committed against advocates will develop guidelines on drafting advocate inquiries and responding to refusals to provide information. There are also plans to standardize the practice of applying Article 212-3 of the Code of Administrative Offenses.
Other
The CEC has recognized Andriy Misyats as an elected member of the Ukrainian parliament
The Central Election Commission has adopted a decision recognizing Andriy Misyats as an elected People’s Deputy of Ukraine. He is currently serving as acting chairman of the High Qualification and Disciplinary Commission of the Bar.
Publications
Vasyl Kolishnyi, «Law and Business» Supporting mental health should become part of the professional culture of the Bar, - H. Udovenko
Volodymyr Matsko Extradition during wartime: when the risks outweigh the request
Volodymyr Matsko Extradition as a systemic form of rights violations
Victoria Yakusha, Law and Business The anti-corruption vertical cannot «take care» of the Bar as an institution, - acting head of the HQDCB
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