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.
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