Exemption from payment of fees in 2025: what advocates should know
The Bar Council of the region and the Ukrainian National Bar Association may, upon the applications of advocates submitted by December 31, decide to exempt, reduce, or defer the payment of the annual fee for the implementation of the bar self-government.
The issue is regulated by the Regulation on Contributions to the Bar Self-Government, approved by the BCU Decision No. 4 of February 3, 2017.
The conditions for dismissal are financial insolvency of the advocate, his or her financial condition, as well as other factual circumstances.
The following persons are entitled to benefits:
- persons with disabilities of groups I and II;
- persons with disabilities as a result of war, participants in hostilities (including persons who participated in hostilities in the territories of other states)
- persons who took part in the liquidation of the consequences of the Chernobyl NPP accident of categories I and II;
- persons who are forced to leave or abandon their place of residence as a result of or in order to avoid the negative consequences of armed conflict, temporary occupation and have acquired the appropriate status.
Original applications of advocates (applications signed with the help of an electronic digital signature) for exemption, reduction or deferral of the annual fee for the bar self-government will be considered by the bar councils of the region, the Bar Council of Ukraine/National Bar Association of Ukraine until January 31, 2025.
The decision is made if the bar self-government body has the financial capacity, if the provision of such benefits does not create obstacles to its normal activities, and if there are supporting documents of the applicant's relevant status and financial situation.
In 2025, the annual contribution to the bar self-government will continue to be one subsistence minimum for able-bodied persons (UAH 3,028, according to the Law on the State Budget). At the same time, its distribution will change. The payment of the fee is a professional obligation of an attorney. This obligation must be fulfilled by January 31, 2025 by transferring funds in two payments to the bank accounts of the bar self-government bodies. The new distribution will take into account the number of advocates in the regional bar councils as a criterion.
The regional bar council may grant the advocate an installment plan for the payment of the annual fee, provided that it is paid in equal installments in the first decade of each quarter of the current year. The decision on granting an installment plan for the payment of the annual fee shall be made by the regional bar council provided that the advocate is reasonably and documentedly unable to pay the annual fee in one payment.
Popular news
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.
Rule of Law Roadmap
The UNBA presented the key provisions of the future law on advocacy in Brussels
The Ukrainian National Bar Association presented its proposals for the upcoming law on advocacy, aligned with the Rule of Law Roadmap. The presentation covered topics such as access to the profession, self-governance, disciplinary procedures, professional development and guarantees for the practice of advocacy.
Guarantees of the practice of law
Independent oversight is necessary before using CISA materials against an advocate – Lidiya Izovitova
Before the prosecution uses information obtained during covert investigative actions and related to an advocate’s activities, independent procedural oversight must be conducted. It is necessary to determine whether such information is covered by attorney-client privilege and whether it may be disclosed.
Self-government
Efforts to develop advocacy must be brought to fruition — A. Misyats
The Ukrainian advocacy profession is currently going through a critical phase. Amid the war, it must ensure the continuity of legal aid, defend the independence of the profession, and improve qualification and disciplinary procedures in accordance with European standards. The work that has been started must be brought to a practical conclusion.
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.
Discussion
When working with sole proprietorships leads to business fragmentation: criteria and recommendations
What criteria do regulatory and law enforcement agencies use to identify artificial business fragmentation? How does this model differ from franchising? And when can tax optimization lead to criminal liability?
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.
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