Court finds guilty one of the DGF executives who ignored a lawyer's request
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
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.
Legislation
How will the group responsible for implementing the Roadmap for advocacy operate?
The working group on the implementation of the Roadmap on the rule of law in the area of advocacy will operate at several levels: plenary meetings as a platform for adopting framework decisions, a coordination bureau for compiling documents and calendar control, and thematic subgroups for preparing norms and their justification. International experts will verify the results against European standards and «red lines».
Legislation
Advocacy is a responsible entity, not a critic of reform — V. Gvozdiy
The Roadmap on the Rule of Law is not a basis for restructuring the model of advocacy, but a framework for verifying and improving the already European-oriented system. At the same time, part of the work has already been done, so further progress should be made in the form of coordinated and practical decisions.
Legislation
Vatras on the implementation of the Roadmap: only advocates should create their own destiny
Work on implementing the Roadmap in relation to advocacy should be based on the participation of the professional community itself, and key tasks should be structured in such a way as to avoid mixing processes that differ in content and procedure.
Legislation
Lidiya Izovitova outlined the approach to implementing the Roadmap for advocacy
The general approach to working on the implementation of the Roadmap on the Rule of Law in terms of reforming advocacy should not be based on «slogans», but rather on gathering facts, comparing them with standards, consulting with the professional community, and formulating norms for which participants are prepared to take responsibility.
Legislation
Roadmap and advocacy: working group holds first meeting
On January 2, the first organizational meeting of the Working Group on the implementation of the Roadmap on the rule of law in the area of advocacy reform took place. The event was devoted to agreeing on the framework for further work and exchanging the initial positions of the participants.
Self-government
BCU: NACP initiatives regarding the Bar are unconstitutional interference
The Bar Council of Ukraine has condemned the initiatives to reform the Bar proposed by the National Agency on Corruption Prevention as direct, gross and systematic interference by the executive branch in the activities of an independent constitutional institution.
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.
Publications
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
Iryna Vasylyk Advocacy in the proclamation of Independence of Ukraine
Oleksandr DULSKY When we cross the border of the Supreme Anti-Corruption Court, we get into another department of the National Anti-Corruption…