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

Advocacy
12:09 Mon 13.01.25 400 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

Protecting the rights of service members: The UNBA and the Military Ombudsman have agreed on cooperation

Interaction

Protecting the rights of service members: The UNBA and the Military Ombudsman have agreed on cooperation

Servicemembers, reservists, conscripts during training exercises, members of local community volunteer units, and other individuals covered by the Law «On the Military Ombudsman» should have better access to professional legal assistance.

9:59 Fri 27.03.26 112
Reform without data and advocacy: what the Ministry of Justice’s launch has revealed

Rule of Law Roadmap

Reform without data and advocacy: what the Ministry of Justice’s launch has revealed

The Ministry of Justice hosted the first meeting of the working group on bar reform. But instead of professional preparation of legislative changes, we saw exactly what Armada Network Director Dale Armstrong had spoken about the day before in Kyiv: not reform, but a struggle for control over the agenda through a narrow circle of “stakeholders” who create an echo chamber of influence for themselves.

16:42 Mon 23.03.26 143
Advocacy, European integration and the limits of intervention: an American report presented in Kyiv

Rule of Law Roadmap

Advocacy, European integration and the limits of intervention: an American report presented in Kyiv

Following its presentation in Brussels, the report «The Ukrainian advocacy in the context of the rule of law and European integration» made its way to Kyiv. It highlighted critical issues both in understanding the very nature of the self-governing profession and in the emergence of a «shadow market» surrounding the Ukrainian advocacy.

15:26 Fri 20.03.26 152
ETAIDF and MMC: where the system fails

Discussion

ETAIDF and MMC: where the system fails

The new system for assessing a person’s daily functioning and the practice of undergoing medical-legal examinations have already raised numerous questions — ranging from unclear procedures to difficulties in appealing decisions. These issues were examined by advocates during the roundtable discussion «Problematic issues of the ETAIDF and MMC», organized by the UNBA Committee on the protection of the rights of persons with disabilities and the All-Ukrainian public organization «Human rights union of persons with disabilities».

13:58 Thu 19.03.26 119
Access to the advocate profession: a subgroup has identified the direction of change

Rule of Law Roadmap

Access to the advocate profession: a subgroup has identified the direction of change

On Monday, March 16, a meeting was held of the subgroup «Access to the profession and training of advocates. Organizational forms of legal practice» of the Working Group on the implementation of the Rule of Law Roadmap.

18:14 Wed 18.03.26 112
Organization of advocacy: subgroup agrees on approaches to regulatory reform

Rule of Law Roadmap

Organization of advocacy: subgroup agrees on approaches to regulatory reform

On March 13, a meeting was held of the «Organization of the advocacy and self-government» subgroup of the Working Group on the implementation of the Rule of Law Roadmap regarding bar reform. The event was conducted via videoconference.

18:03 Mon 16.03.26 134
Ukraine has signed the Convention for the Protection of the Profession of Lawyer

Guarantees of the practice of law

Ukraine has signed the Convention for the Protection of the Profession of Lawyer

Today, on 9 March, Ukraine's Permanent Representative to the Council of Europe Mykola Tochytskyi signed the Council of Europe Convention for the Protection of the Profession of Lawyer. This makes our country the 28th to sign this important international treaty.

13:58 Mon 09.03.26 360
The subgroup on European integration held its inaugural meeting

European integration

The subgroup on European integration held its inaugural meeting

On March 5, the Ukrainian National Bar Association hosted a meeting of the subgroup of the Working Group on the implementation of the Roadmap on the rule of law in terms of reforming the advocacy sector, entitled «European integration, international practice and digitalization».

10:57 Fri 06.03.26 104

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

Оберіть файл