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
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.
Tragic news
Former CCBE President James MacGuill has passed away
The Ukrainian National Bar Association expresses its condolences on the passing of James MacGuill — a renowned Irish advocate and former president of the Law Society of Ireland and the Council of Bars and Law Societies of Europe (CCBE).
Educational events
How DISC helps manage «tigers», «monkeys», «elephants» and «turtles»
The same instruction from a manager may motivate one employee to take action, while leaving another without the necessary guidance. People perceive work tasks differently: for some, a deadline and the expected outcome are enough, while others need explanations, time or a detailed plan.
Guarantees of the practice of law
The Council of Europe Convention will strengthen constitutional guarantees of human rights – M. Stavniychuk
The exclusive right of an advocate to represent another person in court, as enshrined in the Constitution, should be viewed as an integral part of the mechanism for protecting human rights in Ukraine. Furthermore, ratification of the Council of Europe Convention on the Protection of the Professions of Lawyer could strengthen the substance of this and other guarantees.
Legislation
The Verkhovna Rada is preparing a bill to implement the Convention on the Protection of the Professions of Lawyer
Members of Parliament plan to introduce a bill in the near future to implement the main provisions of the Council of Europe Convention on the Protection of the Professions of Lawyer. This parliamentary initiative may also prompt the government to expedite the preparation of the ratification package.
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