Electronic warrant proposed to be enshrined in law

Advocacy
16:46 Tue 15.10.24 962 Reviews
Print

The warrant can be generated in the Personal Account of the Advocate on the official website of the Ukrainian National Bar Association and signed by applying the advocate's electronic digital signature.

The corresponding amendment to Article 26 of the Law «On the Bar and Practice of Law» is proposed in the draft law No. 12116 of 10/14/2024, the text of which appeared on the website of the Verkhovna Rada.

According to the current law, a warrant is a written document that, in cases established by law, certifies the authority of a lawyer to provide legal aid. The warrant is issued by an advocate, law firm or law office and must contain the signature of the advocate. The Bar Council of Ukraine approves the standard form of the order.

The Regulation on the order for the provision of legal aid was approved by the decision of the Bar Council of Ukraine dated 12.04.2019 No. 41. It establishes uniform rules for all advocates of Ukraine, law firms/law offices for the production, execution, storage, and accounting of warrants.

The authors of the legislative initiative complain that neither the law nor the Regulations specify the concept of an attorney's «signature», i.e. whether the warrant can be certified with an electronic signature or only with a handwritten signature, in their practice, courts abuse this legal gap and, in the absence of an advocate's handwritten signature on an electronically generated warrant signed with an electronic signature, indicate that it does not contain the mandatory details specified by the Regulations and close the proceedings on this basis.

«In fact, the issue of issuing a warrant in electronic form was settled by the Bar Council of Ukraine in June of this year, when the Regulations were amended accordingly, - said Valentyn Gvozdiy Vice president of the UNBA, BCU. - As of today, the warrant is considered signed in three cases: if its column «Advocate» contains either a handwritten (physical) signature; if the warrant is certified by an electronic signature; when an electronic signature certifies a document to which the warrant is an attachment».

The current version of the Regulation stipulates that an order is a written document in paper or electronic form. Forms of warrants, in accordance with the approved standard form, are generated in the relevant section of the «Personal Account of the Advocate» on the UNBA's official website following the system commands.

The order issued by the advocate, who carries out his or her activities individually, shall be signed by the advocate (in person or by electronic signature) and certified by the seal of the advocate (if any).

The order issued by a law firm or law office must contain the signature of the advocate (in writing or electronically) who provides legal aid on the basis of this order, and the signature (in writing or electronically) of the head of the law firm or law office and be sealed with the seal of the legal entity (if any).

The Regulation also specifies the mandatory details of the warrant (clause 12), including:

- the signature of the attorney (handwritten or electronic) who issued the warrant, if he or she is an individual practitioner (in the column «Advocate»);

- signature of the attorney (handwritten or electronic) who provides legal aid, if the warrant was issued by a law firm or law office (in the column «Advocate»);

- signature (handwritten or electronic) of the head of the law firm/attorneys' office, seal of the law firm/attorneys' office (if any) if the warrant is issued by the law firm/attorneys' office.

The relevant amendments to the Regulation were made by the decision of the BCU No. 36 dated 08.06.2024.

Popular news

The Ministry of Defense is preparing new procedures for MMC: what changes are being proposed

Discussion

The Ministry of Defense is preparing new procedures for MMC: what changes are being proposed

The Ministry of Defense is establishing an interagency working group to develop a new procedure for military medical examinations conducted by military medical commissions. Among the issues requiring resolution are the issuance of documents based on examination results, referrals for repeat medical examinations, verification of the medical basis for decisions, and the accountability of military medical commission members.

13:59 Fri 31.07.26 109
The UNBA is developing a concept for a Center for expert research

Interaction

The UNBA is developing a concept for a Center for expert research

The Ukrainian National Bar Association has begun work on a concept for a Center for expert research, which is intended to provide advocates and their clients with access to specialized knowledge and the ability to have expert opinions professionally reviewed.

17:18 Fri 24.07.26 150
Ombudsman calls for a firm response to violence against advocates

Guarantees of the practice of law

Ombudsman calls for a firm response to violence against advocates

Every instance of obstruction of an advocate’s lawful activities, use of physical force, delaying an investigation, or concealment of evidence must be subject to a proper legal assessment. The state is obligated to ensure that the right to a defense is a genuine guarantee.

16:13 Fri 17.07.26 342
The UNBA congratulates Denis Maslov on his appointment as Minister of Justice

Greetings

The UNBA congratulates Denis Maslov on his appointment as Minister of Justice

Denis Maslov’s many years of experience as a advocate, his work as a judge and his tenure as chairman of the Verkhovna Rada of Ukraine’s Committee on legal policy have given him a deep understanding of how the legal system functions and the challenges it faces.

19:43 Thu 16.07.26 271
The Verkhovna Rada explained why the section on advocacy should be removed from the anti-corruption strategy

Legislation

The Verkhovna Rada explained why the section on advocacy should be removed from the anti-corruption strategy

The section on advocacy and legal aid in the draft anti-corruption strategy for 2026–2030 goes beyond the scope of anti-corruption policy and is inconsistent with the constitutional guarantees of the independence of the legal profession.

14:26 Thu 09.07.26 226
Advocates are invited to the III UAA Arbitration Academy 2026

Announcements

Advocates are invited to the III UAA Arbitration Academy 2026

The UNBA, at the initiative of the Committee on alternative dispute resolution, invites advocates, lawyers, students, judges, government officials and anyone interested in international arbitration to participate in the III UAA Arbitration Academy 2026.

19:25 Mon 06.07.26 152
From solo-practice to a team: what advocates need to consider

Educational events

From solo-practice to a team: what advocates need to consider

Scaling a law practice begins when the number of clients, the volume of cases, and new requests already require the support of a team. A new office or an expansion of staff should be a direct result of this need.

17:28 Mon 06.07.26 103
How can an advocate recharge if fatigue persists after the weekend?

Educational events

How can an advocate recharge if fatigue persists after the weekend?

Fatigue resulting from prolonged stress does not always go away after sleep, a weekend, or a vacation. In situations of chronic stress, it is important for advocates not only to «take a break» but also to understand exactly which resource has been depleted and what type of rest is needed.

12:03 Mon 06.07.26 129

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

Оберіть файл