Electronic warrant proposed to be enshrined in law

Advocacy
16:46 Tue 15.10.24 780 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

Protecting the rights of service members: The UNBA and the Military Ombudsman have agreed on cooperation

Interaction

Protecting the rights of service members: The UNBA and the Military Ombudsman have agreed on cooperation

Servicemembers, reservists, conscripts during training exercises, members of local community volunteer units, and other individuals covered by the Law «On the Military Ombudsman» should have better access to professional legal assistance.

9:59 Fri 27.03.26 109
Reform without data and advocacy: what the Ministry of Justice’s launch has revealed

Rule of Law Roadmap

Reform without data and advocacy: what the Ministry of Justice’s launch has revealed

The Ministry of Justice hosted the first meeting of the working group on bar reform. But instead of professional preparation of legislative changes, we saw exactly what Armada Network Director Dale Armstrong had spoken about the day before in Kyiv: not reform, but a struggle for control over the agenda through a narrow circle of “stakeholders” who create an echo chamber of influence for themselves.

16:42 Mon 23.03.26 143
Advocacy, European integration and the limits of intervention: an American report presented in Kyiv

Rule of Law Roadmap

Advocacy, European integration and the limits of intervention: an American report presented in Kyiv

Following its presentation in Brussels, the report «The Ukrainian advocacy in the context of the rule of law and European integration» made its way to Kyiv. It highlighted critical issues both in understanding the very nature of the self-governing profession and in the emergence of a «shadow market» surrounding the Ukrainian advocacy.

15:26 Fri 20.03.26 152
ETAIDF and MMC: where the system fails

Discussion

ETAIDF and MMC: where the system fails

The new system for assessing a person’s daily functioning and the practice of undergoing medical-legal examinations have already raised numerous questions — ranging from unclear procedures to difficulties in appealing decisions. These issues were examined by advocates during the roundtable discussion «Problematic issues of the ETAIDF and MMC», organized by the UNBA Committee on the protection of the rights of persons with disabilities and the All-Ukrainian public organization «Human rights union of persons with disabilities».

13:58 Thu 19.03.26 119
Access to the advocate profession: a subgroup has identified the direction of change

Rule of Law Roadmap

Access to the advocate profession: a subgroup has identified the direction of change

On Monday, March 16, a meeting was held of the subgroup «Access to the profession and training of advocates. Organizational forms of legal practice» of the Working Group on the implementation of the Rule of Law Roadmap.

18:14 Wed 18.03.26 112
Organization of advocacy: subgroup agrees on approaches to regulatory reform

Rule of Law Roadmap

Organization of advocacy: subgroup agrees on approaches to regulatory reform

On March 13, a meeting was held of the «Organization of the advocacy and self-government» subgroup of the Working Group on the implementation of the Rule of Law Roadmap regarding bar reform. The event was conducted via videoconference.

18:03 Mon 16.03.26 134
Ukraine has signed the Convention for the Protection of the Profession of Lawyer

Guarantees of the practice of law

Ukraine has signed the Convention for the Protection of the Profession of Lawyer

Today, on 9 March, Ukraine's Permanent Representative to the Council of Europe Mykola Tochytskyi signed the Council of Europe Convention for the Protection of the Profession of Lawyer. This makes our country the 28th to sign this important international treaty.

13:58 Mon 09.03.26 360
The subgroup on European integration held its inaugural meeting

European integration

The subgroup on European integration held its inaugural meeting

On March 5, the Ukrainian National Bar Association hosted a meeting of the subgroup of the Working Group on the implementation of the Roadmap on the rule of law in terms of reforming the advocacy sector, entitled «European integration, international practice and digitalization».

10:57 Fri 06.03.26 104

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

Оберіть файл