Court finds guilty one of the DGF executives who ignored a lawyer's request

Advocacy
12:09 Mon 13.01.25 169 Reviews
Print

The Kyiv Court of Appeal found the Deputy Managing Director of the Deposit Guarantee Fund guilty of unlawfully refusing to provide information at the request of a lawyer. The official tried to «pay back» through the QDCB, but in vain.

The decision in the case of administrative offense No. 761/28460/24 was published in the Unified State Register of Court Decisions.

Lawyer Maksym Bakharev, who represented the victim in the criminal proceedings, filed a lawyer's request to the DGF to request information and documents necessary to provide legal assistance to the client. However, in response, he received a refusal signed by the deputy head of the state institution, who claimed that the requested information was classified information.

Pursuant to the Law «On the Bar and Practice of Law», a public authority, local self-government body, their officials and employees, heads of enterprises, institutions, organizations, and public associations to which an attorney's request has been sent are obliged to provide the attorney with relevant information and copies of documents, except for information with restricted access and copies of documents containing information with restricted access, no later than five business days from the date of receipt of the request.

At the same time, unlawful refusal to provide information, untimely or incomplete provision of information, provision of information that does not correspond to reality in response to a lawyer's request is an administrative offense, liability for which (a fine of 25 to 50 tax-free minimum incomes) is provided for in Part 5 of Article 212-3 of the Code of Ukraine on Administrative Offenses.

The lawyer appealed to the Bar Council of Donetsk Oblast. An authorized member of the Council drew up a report on administrative offenses against the Deputy Managing Director of the Fund and sent it to the Shevchenkivskyi District Court of Kyiv.

The court of first instance closed the proceedings, citing the absence of an administrative offense. This decision was justified by the fact that the refusal could not be considered unlawful. However, the Kyiv Court of Appeal, where the chairman of the UNBA Committee on Prevention of Administrative Offenses Committed Against Lawyers, Sergiy Osyka, filed a complaint together with the lawyer, disagreed with such conclusions. They noted that the fact that the requested information was classified as restricted information (as stated in the response letter) was not supported by evidence. Therefore, the appeal overturned the decision of the court of first instance, finding the DGF representative guilty of a violation.

As it became known, in response, the official filed a complaint with the Qualification and Disciplinary Commission of the Bar of Donetsk Oblast, accusing the lawyer of incompetence and low moral and ethical qualities. However, the bar self-government body refused to initiate a disciplinary case. The QDCB considered such a complaint as a means of putting pressure on the advocate in connection with his practice of law, since the issue of disciplinary liability was initiated without sufficient grounds.

Several protocols have already been drawn up and sent to the court for violating the right to information, including on the grounds of repetition. «Lawyers have enough legal tools to protect their professional rights. And they work if they are used correctly, - said the chairman of the UNBA Committee. - It is important to defend your rights even when you face resistance or pressure from officials. Obstruction of the professional activity of a lawyer is not only illegal, but can also be punished, even when attempts to influence take the form of complaints or other manipulations. The example of Maxim Bakharev's full realization of his rights and achievement of the required result demonstrates this in the best way possible».

Popular news

Those who equate advocates with clients will be fined – law passed

Legislation

Those who equate advocates with clients will be fined – law passed

Public identification of an advocate with a client to whom such advocate provides professional legal assistance will become an administrative offense, and forms of interference in the activities of an advocate, for which liability is provided for in Article 397 of the Criminal Code, are detailed.

19:32 Wed 16.07.25 156
The HCJ continues to ignore the legal deadlines for forming the Competition Commission of the HQCJ

Self-government

The HCJ continues to ignore the legal deadlines for forming the Competition Commission of the HQCJ

The High Council of Justice continues to violate the statutory deadlines for forming a new competition commission to select members of the Competition Commission of the High Qualification Commission of Judges of Ukraine.

17:18 Mon 23.06.25 125
UNBA asked the UBA about the facts of the alleged violations of lawyers' rights

Advocacy

UNBA asked the UBA about the facts of the alleged violations of lawyers' rights

The National Bar Association of Ukraine is concerned about information regarding violations of the professional rights of advocates and guarantees of advocacy, which was disseminated on June 16 by the UPO «Ukrainian Bar Association». This issue will be discussed at a meeting of the Bar Council of Ukraine.

14:49 Fri 20.06.25 109
Another conflict with the TCC: an advocate's leg was broken and his client jumped out of a window

Advocacy

Another conflict with the TCC: an advocate's leg was broken and his client jumped out of a window

On June 19, at the premises of the military medical commission, where a bus from the Krasnograd Territorial Center for Recruitment and Social Support delivered several people, an incident occurred involving the use of physical force against an advocate.

13:34 Fri 20.06.25 188
Independence of advocacy and accountability of expertise: different models, shared responsibility

Advocacy

Independence of advocacy and accountability of expertise: different models, shared responsibility

Two different models of professional organization coexist in Ukraine: advocacy with established self-government and judicial and expert activities that remain under state control. How can approaches be balanced, the openness of expert opinions ensured, and effective interaction between specialists established?

18:02 Mon 16.06.25 140
The Bar Council of Ukraine appealed to the High Council of Justice due to delays in forming the Competition Commission of the HQCJ

Advocacy

The Bar Council of Ukraine appealed to the High Council of Justice due to delays in forming the Competition Commission of t…

On June 13, 2025, Lidiya Izovitova, President of the Bar Council of Ukraine, addressed Grigory Usik, Head of the High Council of Justice, regarding the violation of the deadlines for forming a new composition of the Competition Commission for the selection of members of the High Qualification Commission of Judges of Ukraine.

17:29 Fri 13.06.25 174
UNBA calls for compliance with Council of Europe standards for the legal profession

Advocacy

UNBA calls for compliance with Council of Europe standards for the legal profession

The recently approved roadmap for EU accession in terms of bar reform refers to non-existent European standards and was adopted in violation of international principles. Therefore, before talking about changes, it is necessary to compare the current model of the bar with the Council of Europe standards embodied in the Convention on the Protection of the Profession of Lawyer.

14:19 Fri 06.06.25 192
National Police conducted searches of advocates without permission from investigating judge

Advocacy

National Police conducted searches of advocates without permission from investigating judge

A search of an advocate's home is not just an investigative measure, but a potential interference with attorney-client privilege, which is protected by law and international standards. It is all the more alarming when such actions are carried out without a court order, at night, and without clear justification of urgency. This new case once again raises the question: are exceptions becoming the rule and guarantees becoming a formality?

17:16 Tue 03.06.25 111

Надішліть файл із текстом публікації у форматі *.doc, фотографію за тематикою у розмірі 640х400 та Ваше фото.

Оберіть файл