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

Advocacy
12:09 Mon 13.01.25 319 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

UNBA initiatives to implement the Roadmap were supported by international experts

Legislation

UNBA initiatives to implement the Roadmap were supported by international experts

International experts who participated in the inaugural meeting of the Working Group on the implementation of the Roadmap on the rule of law in advocacy and agreed to join it expressed their support for the initiative of the Ukrainian National Bar Association.

14:34 Wed 07.01.26 102
BCU: NACP initiatives regarding advocacy are unconstitutional interference

Self-government

BCU: NACP initiatives regarding advocacy are unconstitutional interference

The Bar Council of Ukraine has condemned the initiatives to reform the advocacy proposed by the National Agency for Corruption Prevention as direct, gross, and systematic interference by the executive branch in the activities of an independent constitutional institution.

14:21 Wed 31.12.25 120
UNBA program for implementation of the Roadmap on the rule of law published

Self-government

UNBA program for implementation of the Roadmap on the rule of law published

In order to ensure the implementation of measures set out in the Roadmap on the Rule of Law, the Bar Council of Ukraine approved a program for its implementation in relation to the reform of advocacy.

14:56 Tue 23.12.25 140
Access to advocate contacts in URAU has been restored

URAU

Access to advocate contacts in URAU has been restored

The Bar Council of Ukraine has opened up public access to data from the Unified Register of Advocates of Ukraine, which was closed at the start of the full-scale invasion in 2022. The decision was made at a meeting on December 12–13.

16:59 Sat 13.12.25 276
Members of the QDCB are not required to submit declarations - BCU

Self-government

Members of the QDCB are not required to submit declarations - BCU

Bar Council of Ukraine examined the legal status of members of bar self-government bodies and found that they are not required to submit declarations of persons authorized to perform functions of state or local self-government.

18:07 Fri 12.12.25 163
BCU has identified 12 areas for implementing the Roadmap for advocacy

Self-government

BCU has identified 12 areas for implementing the Roadmap for advocacy

During its meeting on December 12, the Bar Council of Ukraine considered the Roadmap on the Rule of Law, approved by Order of the Cabinet of Ministers of Ukraine No. 475-r dated May 14, 2025. The document provides for the development and adoption of a draft law on improving the legal regulation of advocacy by the fourth quarter of 2026.

13:34 Fri 12.12.25 220
The Ombudsman acknowledged the problem of violation of the human right to legal aid in the TCC

Guarantees of the practice of law

The Ombudsman acknowledged the problem of violation of the human right to legal aid in the TCC

The Verkhovna Rada Commissioner for human rights Dmytro Lubinets confirmed the existence of a problem with ensuring the constitutional right to professional legal assistance in territorial recruitment and social support centers.

19:06 Thu 11.12.25 239
The agreement on the provision of legal assistance is not public – BCU

Guarantees of the practice of law

The agreement on the provision of legal assistance is not public – BCU

Bar Council of Ukraine in its decision No. 111 dated October 18, 2025, responded to questions regarding the possibility of concluding legal assistance agreements by accepting a public offer, using an electronic form of the agreement, and posting information about legal assistance on websites.

16:09 Tue 09.12.25 133

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

Оберіть файл