What data is sufficient to identify the client in the warrant was investigated by the BCU
When filling out an order for legal aid, a lawyer, if he or she deems it necessary, may additionally indicate the client's RNOKPP or EDRPOU code as an identifying feature. At the same time, it would be excessive formalism to require this as a mandatory requisite of the order form.
The Bar Council of Ukraine provided such a response to a citizen's proposal to clarify the form of the order for legal aid in terms of the characteristics of the client of legal services.
As a reminder, in accordance with the Regulation on the order for the provision of legal aid, this document of the established form is a proper and sufficient confirmation of the lawyer's authority to act in the interests of the client. One of its requisites is the surname, name, patronymic or name of the person to whom legal aid is provided.
According to the applicant, the disadvantage of this requisite is that the full name or surname does not allow to establish the reliability of information about the customer of the service. Accordingly, doubts arise as to the reliability and legitimacy of the grounds for drawing up and issuing the warrant in general. Therefore, the identifying feature should be the RNOKPP or the EDRPOU code, which would distinguish legal entities with the same name (title).
The citizen considers the reference in the warrant to the details of the legal aid agreement insufficient. After all, the agreement itself, which is the basis for the warrant, is not available for public inspection and depends solely on the lawyer's good faith and is not an absolute guarantee of authenticity, validity and legality.
After analyzing the arguments set forth in the application, as well as the provisions of the Regulation on the Order for Legal Aid, the members of the Bar Council of Ukraine concluded that such formalization was inappropriate, noting that the RNOKPP or the EDRPOU code, if necessary, can be indicated in the order by the advocate independently, if he or she sees the need to clarify the client's identity.
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
