Some attorneys-at-law, attorneys-at-law and lawyers need to submit a report to the Ministry of Justice
Those law firms, law firms and attorneys who are specially designated subjects of initial financial monitoring must submit reports to the interregional departments of the Ministry of Justice of Ukraine by January 11, 2025.
In accordance with the Law «On Prevention and Counteraction to Legalization (Laundering) of Proceeds of Crime, Terrorist Financing and Financing of Proliferation of Weapons of Mass Destruction», law firms, attorneys and lawyers who practice law individually are specially designated subjects of initial financial monitoring when carrying out certain types of activities. State regulation and supervision in this area is carried out by the Ministry of Justice.
Attorneys, law firms and law firms' associations become specially designated subjects of primary financial monitoring only when they support certain transactions (clause 1, part 1, article 10 of the Law):
- purchase and sale of real estate or property management in the financing of housing construction;
- purchase and sale of business entities and corporate rights;
- management of funds, securities or other assets of the client;
- opening and/or managing a bank or securities account;
- raising funds necessary for the establishment of legal entities and funds, ensuring their operation or management;
- Establishment, operation or management of legal entities, funds, trusts or other similar legal entities.
Procedures established by law oblige us to identify suspicious financial transactions of clients and report them to the State Financial Monitoring Service of Ukraine. In this way, the state prevents the use of attorneys' services by their clients in conducting criminal financial transactions.
At the same time, according to part 3 of Article 10 of the Law, the advocate, bureau and association are not obliged to fulfill the duties established by the legislation on financial monitoring in cases
- providing services for the protection of the client;
- if a person has the status of an advocate, but works under an employment contract at an enterprise, institution or organization as a legal adviser (except when a person enters into a legal aid agreement with his or her employer as an advocate);
- representation of the client's interests in the judicial authorities and in cases of pre-trial settlement of disputes;
- providing advice on defense and representation of the client.
On June 17, 2022, the Ministry of Justice adopted Order No. 2522/5 «Some Issues of Formation of Administrative Reporting by the Ministry of Justice of Ukraine as a Subject of State Financial Monitoring in the Field of Prevention and Counteraction to Legalization (Laundering) of Proceeds of Crime, Terrorist Financing and Financing of the Proliferation of Weapons of Mass Destruction». It approved the reporting form No. 1-finmon (annual) and the Instructions for its completion and submission.
Subjects of initial financial monitoring must submit a report to the relevant interregional departments of the Ministry of Justice of Ukraine by the 11th day after the reporting period.
Detailed recommendations on filling out and submitting the reporting form N 1-finmon by lawyers, bureaus and associations that are specially designated subjects of primary financial monitoring are contained in the information letter approved by the Bar Council of Ukraine at its meeting on December 15, 2023.
You can also watch the webinar «Financial Monitoring in the Practice of Law through the Prism of the UNBA Decisions».
Popular news
Interaction
The UNBA and the Ministry of Veterans are expanding their cooperation
War veterans, their family members, as well as the family members of fallen Defenders of Ukraine are to receive improved access to professional legal assistance and additional opportunities for independent legal protection.
Legislation
Advocates have warned that the draft Labor Code would curtail workers' protections
Certain provisions of the draft Labor Code of Ukraine regarding collective labor disputes undermine labor protections and do not comply with constitutional and international standards.
Legal defence of military personnel
Representatives from the Ministry of Veterans Affairs and the UNBA discussed veterans' access to justice
On April 3, a working meeting was held at the Ministry of Veterans Affairs of Ukraine with representatives of the Ukrainian National Bar Association, dedicated to improving the effectiveness of legal protection for war veterans and their families.
Educational events
The right of minors to marry: how judicial oversight works
The issue of granting minors the right to marry lies at the intersection of family law, child protection, and judicial discretion. The UNBA Committee on family law dedicated a webinar held on March 30 to this very topic.
Interaction
The UNBA and the Coordination headquarters have agreed to cooperate in assisting those released from captivity
Servicemen released from captivity, family members of prisoners of war, civilians deprived of their personal liberty as a result of armed aggression, as well as persons missing in connection with the war, will gain additional opportunities to access legal assistance and protect their rights.
Self-government
BCU: The HCJ’s decisions undermine the constitutional guarantees of the independence of the advocacy profession
The Bar Council of Ukraine has concluded that, in its recent decisions, the High Council of Justice has, without legal grounds, called into question the right of bar self-governing bodies to protect the guarantees of legal practice and has, in effect, attempted to grant one of its members — who retains the status of an advocate — special immunity from the Rules of professional conduct and disciplinary responsibility.
Announcements
The Bar Council of Ukraine begins its meeting
Today, April 2, a meeting of the Bar Council of Ukraine is taking place in Kyiv. On the agenda are issues related to the activities of bar self-governing bodies, consideration of a decision by the High Council of Justice, a number of appeals, as well as a discussion of the current state and pressing issues regarding the functioning of the legal aid system.
Interaction
The UNBA and the National Guard have agreed to cooperate on legal protection for military personnel
Servicemembers of the National Guard, their family members, and veterans are to receive additional legal tools to protect their rights, while the National Guard’s legal services will receive methodological and expert support.
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