An advocate may be present at MSEC meetings - the Law has entered into force
During the examination, the person's lawyer or legal representative may be present at the meeting of the medical and social expert commission at the request of the person. The person concerned shall ensure his/her participation in the meeting on his/her own.
Today, on November 20, the Law of 29.10.2024 No. 4030-IX «On Amendments to Certain Laws of Ukraine on Improving the Procedures for Conducting Medical and Social Expertise» came into force.
The document introduces, among other things, amendments to Article 7 (Medical and Social Expertise) of the Law «On Rehabilitation of Persons with Disabilities in Ukraine».
From now on, during the examination at the meeting of the medical and social expert commission, at the request of the person, his or her lawyer, legal representative or representative by power of attorney and/or a doctor or rehabilitation specialist in the field of healthcare, whose participation is ensured by the person himself or herself. The application in any form must contain the data of the lawyer, legal representative or representative by power of attorney, as well as the person's voluntary consent to the disclosure of his or her medical information.
A person, his/her lawyer, legal representative or representative by proxy has the right to independently carry out video and audio recording of the meeting of the medical and social expert commission regarding such a person using technical means.
The recording may be attached to the materials submitted in case of appealing the decision.
A person, his/her lawyer, legal representative or representative by proxy has the right to use their own technical means to take photos of documents generated by the medical and social expert commission as part of the consideration of the person's case.
Popular news
Guarantees of the practice of law
Ukraine could be the first to implement a European mechanism for the protection of advocates. What’s holding it back?
Ukraine has a chance to be the first country to ratify the Council of Europe Convention on the Protection of the Professions of Lawyer. Political support for this exists, but the government’s legislative package has not yet been submitted to parliament. Meanwhile, the number of violations of advocates’ rights is on the rise.
Educational events
How can an advocate verify that work has been completed if the client refuses to sign the report?
When billing by the hour, the primary document for determining the fee may be a detailed report on the time spent by the advocate and the work performed. To prevent the client from withholding payment, the contract should specify in advance the procedure for submitting and approving such a report.
Interaction
Energy law: the UNBA and the ADMGE have agreed to cooperate
Advocates will deepen their professional expertise in the field of energy law, and participants in the distributed and flexible generation market will have greater opportunities to obtain professional legal assistance.
Educational events
Where does an advocate's time go and what do they get in return
To assess balance in life, it’s worth identifying the areas where the most effort, time, and money are directed, and then determining what a person receives in return: income, respect, support, love, a sense of significance or the fulfillment of an important idea.
Court practice
The SC has clarified the different ways to respond to a lawyer's request that is ignored
If there is no response to an advocate’s request, the advocate has the right to file a petition with the Bar Association to hold the person administratively liable. An advocate may challenge the failure to provide information necessary for the provision of legal assistance on behalf of the client, rather than in their own name.
Educational events
The highest degree of formality is appropriate for an advocate in court – an etiquette expert
An advocate’s behavior and appearance must be appropriate to the circumstances in which they practice their profession. What may be perceived as a warm greeting between old acquaintances could, during a first meeting, come across as overly familiar and a violation of personal boundaries.
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.
Discussion
Original, device and methodology: how digital evidence is verified
To verify the authenticity of an audio or video recording or a digital image, an expert needs information about the file’s origin, how it was created, and, if possible, the original medium and the corresponding device. Without this information, the scope of the investigation may be limited.
Publications
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
Sergiy Vylkov Our judicial system is so built that courts do not trust advocates
