Electronic warrant proposed to be enshrined in law
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
Advocacy
URAU opens emails of lawyers
Information on the e-mail addresses of advocates posted in the Unified Register of Advocates of Ukraine has been made publicly available.
Advocacy
Electronic warrant proposed to be enshrined in law
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.
Advocacy
V. Gvozdiy told his Finnish colleagues about the experience of the Bar during the war
Finland, which has about 1,300 kilometers of land border with Russia, joined NATO in April 2023. However, bordering on an aggressive neighbor obviously leaves the risks of conflict and even war relevant. Therefore, Finnish lawyers are interested in the experience of their Ukrainian colleagues in organizing work under martial law.
Advocacy
UNBA to file criminal complaints about violations of advocates' rights
Recently, the UNBA has received more frequent appeals about violations of the rights of lawyers and guarantees of the practice of law. Including by employees of the territorial centers of recruitment and social support. Some of the facts contain signs of a crime.
Advocacy
An extract from the URAU will be available in your personal account
Starting Monday, September 23, lawyers will be able to independently generate extracts from the Unified Register of Advocates of Ukraine through their personal electronic account on the website of the Ukrainian National Bar Association.
Advocacy
A Register of Administrative Proceedings on Lawyers' Complaints to Be Established in Ukraine
All cases of unlawful refusal to provide information at the request of lawyers, the requests of the QDCB, their chambers or members will be recorded in the Register of applications (appeals) on administrative offenses. The relevant terms of reference have already been submitted to the IT service for implementation.
Advocacy
The shadow report on justice will be evaluated at the BCU
Recently, the so-called Shadow Report to the Justice and Fundamental Rights section of the European Commission's Report on Ukraine was published, prepared by a coalition of NGOs led by the Agency for Legislative Initiatives with the support of the European Union's Pravo-Justice Project and other NGOs.
Advocacy
The Bar Council of Ukraine starts a regular meeting
Today, on September 20, a two-day meeting of the Bar Council of Ukraine begins in Zakarpattia.
Publications
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
Sergiy Vylkov Our judicial system is so built that courts do not trust advocates
Iryna Vasylyk Advocacy in the proclamation of Independence of Ukraine
Oleksandr DULSKY When we cross the border of the Supreme Anti-Corruption Court, we get into another department of the National Anti-Corruption…
Vadym Krasnyk The UNBA will work, and all obstacles and restrictions are only temporary inconveniences
Lydia Izovitova Interview with Lydia Izovitova on the occasion of the 8th anniversary of the founding of UNBA: We are the voice of t…