Requirements for judges' complaints against lawyers have been amended
Court decisions, rulings, special rulings or resolutions submitted by judges to the QDCB on the actions of advocates are not subject to the requirements established for an application (complaint) regarding the advocate's misconduct.
The relevant amendment to Article 10 of the Regulation on the Procedure for Receiving and Considering Complaints Regarding Improper Conduct of an Advocate that May Result in Disciplinary Liability was introduced by the Bar Council of Ukraine at its meeting on October 21 (BCU Decision No. 67).
Until recently, judges had to take into account the requirements of the complaint when making a decision on the advocate's behavior. Although the possibility of a judge's response is provided for by the procedural codes, the Law «On the Bar» provides for its own procedure for initiating disciplinary proceedings, an obligatory element of which is the application (complaint).
Thus, according to its Art. 36, anyone who has knowledge of the facts of such behavior has the right to file a statement (complaint) with the Qualification and Disciplinary Commission of the Bar regarding the advocate's behavior that may be grounds for disciplinary liability.
The requirements for the application (complaint) are set forth in clause 14 of the said Regulations. Thus, it must contain the following information:
- the name of the qualification and disciplinary commission of the Bar of the region to which the application (complaint) is submitted;
- full name (title) of the applicant (complainant), position, place of work - for an official and an employee, postal address, as well as the number of the means of communication and e-mail address;
- full name of the advocate, whose behavior is the subject of the application (complaint), postal address, as well as the number of the means of communication and e-mail address, if known;
- a statement of the circumstances by which the applicant substantiates the fact of the presence of a disciplinary offense in the advocate's actions;
- requirements of the applicant (complainant).
In support of the circumstances that substantiate the application (complaint), the applicant (complainant) shall provide evidence, and in case of impossibility - shall indicate the evidence, the provision of which is impossible on their own, with the obligatory indication of the reasons and a request to the QDCB to request them.
A copy of the application (complaint) and copies of all documents attached thereto shall be attached to the application (complaint) for delivery to the advocate whose behavior is the subject of the application (complaint), except when the application (complaint) is submitted by e-mail. A written consent to the processing of personal data by the bar self-government bodies, including the collection, storage, use and dissemination, shall also be attached.
At the same time, the application (complaint), executed without observance of these and other requirements of clause 14 of the Regulations, shall be returned to the applicant (complainant) with the relevant explanation.
From now on, according to the amendments, the requirements for an application (complaint) set forth in Article 14 of these Regulations do not apply to court decisions, rulings, individual rulings or binding resolutions filed against the actions of advocates.
It is worth reminding that according to para. 10 of the Regulations, applications (complaints) concerning the advocate's conduct include: applications (complaints) of citizens; decisions, rulings, resolutions, appeals of judges; applications (complaints), resolutions, submissions of investigative bodies; applications (complaints), submissions of the heads of qualification and disciplinary commissions or its members, heads of regional bar councils or its members; applications (complaints) of advocates, law firms, law offices, associations of advocates, enterprises, institutions, organizations and other persons filed against the actions of advocates.
Popular news
Legislation
Proceedings against military personnel following AWOL require clear deadlines — UNBA
A soldier’s return to duty after AWOL does not necessarily mean the end of criminal proceedings. To ensure that the case does not remain at the pretrial investigation stage, a clear procedure for the investigator and prosecutor is required.
Legislation
The UNBA warned of the risk of customs barriers for Ukrainian paper and furniture
Ukraine’s anti-deforestation rules are intended to preserve export access to the EU market. However, without paper and furniture on the list of goods, without effective sanctions, and with enforcement beginning only in 2030, these rules could hinder that goal.
Legislation
Fines for loud exhaust — based on a standardized measurement method — UNBA
Measures to combat intentionally loud exhaust noises are justified, especially during wartime. However, as long as the law does not specify which noise standard to apply or how to measure it on the road, this new liability can be neither fair nor effective.
Guarantees of the practice of law
Guarantees for advocacy without protective measures: proposed changes to the codes
The current law sets forth the rights and guarantees of the legal profession, but lacks the tools to protect them. The future law on advocacy is intended to fill this gap through amendments to criminal, administrative and procedural legislation.
Abroad
Living abroad doesn't sever your ties with Ukraine: what you should check
Moving to another country and even long-term residence abroad does not automatically sever an individual’s legal ties to Ukraine. Tax residency, sole proprietorship status, foreign income, enforcement proceedings, and military registration remain relevant even after relocation.
Legislation
Exceptions to the state prosecutor's representation in court must be consistent with the CCU's decision
To prevent the provisions of Article 23 of the Law «On the prosecutor’s office» from being declared unconstitutional again, the proposed amendments contained in the government’s draft law should be clarified.
Educational events
How can an advocate defend a client whose data is processed by the Interpol system?
The absence of a last name on the Interpol website does not necessarily mean that no one is looking for that person. How can you find out exactly what information police databases in 196 countries hold about a client, and does the removal of a record mean that the problems are behind you?
Legislation
A bill implementing the Convention on the Protection of the Professions of Lawyer has been introduced
The constitutional guarantees of legal aid, defense, and the independence of advocacy cannot be realized without protecting advocates from unwarranted interference in their professional activities, including searches, the seizure of professional materials and the use of criminal procedural mechanisms to exert pressure.
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