The Supreme Court upheld a lawyer in digitalized reality

Guaranteeing the right to judicial protection and prohibiting its restrictions, especially in the context of digitalization and martial law, requires the court to support various ways of interacting with the parties to the process. This also applies to the methods of signing an order, which cannot be restricted.
The panel of judges of the Administrative Court of Cassation of the Supreme Court issued a decision in case No. 420/35964/23, where the court left the claim without consideration due to improper confirmation of the lawyer's powers. The decision of 12.12.2024 was published in the Unified State Register of Court Decisions.
The statement of claim on behalf of the client was filed through the Electronic Court system. It was signed by the lawyer's digital signature. The application was accompanied by an order for legal aid, which was not generated in the system, but uploaded as a pdf attachment to the application. And in this order, in the column «Lawyer» there was no personal signature.
The court referred to the provisions of Article 26 of the Law «On the Bar and Practice of Law» and clause 12 of the Regulation on the Order for Legal Aid, approved by the decision of the Bar Council of Ukraine No. 41 dated 12.04.2019, and concluded that the absence of one of the mandatory requisites in the order, namely the signature of the lawyer, indicates a procedural defect in the relevant document. In turn, the court concluded, this excludes the possibility of relying on the warrant as a document that properly certifies the lawyer's authority to represent the interests of a person in such a situation.
The Court of Appeal agreed with this position. However, the cassation court noted that the Regulation on the warrant was amended by the decision of the RAU No. 36 dated 08.06.2024. In particular, clause 9 was amended to read as follows: «A warrant issued by an attorney-at-law acting individually shall be signed by the attorney-at-law (in person or with an electronic signature) and certified by the attorney's seal (if any)».
Clause 12 of the Regulation also contains a provision according to which a warrant is considered to be signed by an advocate (head of a law firm/attorneys' office) if the column «Advocate» contains either a handwritten (physical) signature; or the warrant is certified by an electronic signature; or a document to which the warrant is an attachment is certified by an electronic signature.
According to the case file, when applying to the court, the lawyer certified both the statement of claim and the warrant attached to it with his own digital signature. At the same time, the court of first instance first opened the proceedings, but later decided to check whether the person who signed the statement of claim was authorized to do so. And according to the panel of judges of the Supreme Court, the materials available in the case at that time fully provided the court of first instance with the opportunity to identify the person who signed the statement of claim and verify his or her authority to represent.
The high judges also recalled that in similar circumstances, the Court of Cassation in its decision of 06.11. 2024 in case No. 483/346/24 emphasized that guaranteeing everyone the right to judicial protection and prohibiting restrictions on such a right, in particular in the context of intensive digitalization of society, full-scale armed aggression of the Russian Federation against Ukraine and the introduction of martial law throughout Ukraine, encourage assistance in ensuring pluralism of ways of interaction between courts and litigants, ways of signing a warrant, and not their restriction by courts.
According to the rules of clause 2, part 1, Article 240 of the Code of Administrative Procedure, the court shall dismiss the claim without consideration if the statement of claim is not signed or is signed by a person who is not authorized to sign it or by a person whose official position is not specified.
Taking into account the above, the CAC concluded that at the time the court of first instance decided to leave the claim without consideration, the court did not have any legal grounds for this for the reasons given by the court of first instance.
On these grounds, the court granted the cassation appeal, overturning the decisions of the lower courts. The case was remanded for further consideration.
Popular news

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.

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.

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.

Advocacy
Mobilization of advocates in court: UNBA records another case of pressure
The Ukrainian advocacy has once again faced extrajudicial influence on advocates with the aim of obstructing the exercise of their legitimate powers related to the provision of professional legal assistance to clients.

Advocacy
BCU demands verification of authenticity of SSU letter on «dangerous» advocacy
The Bar Council of Ukraine will appeal to the head of the Security Service of Ukraine, Vasyl Malyuk, regarding the verification of information about «negative trends in the legal profession» disseminated by some media outlets on behalf of the SSU.

Advocacy
Council of Europe Convention on the Protection of the Profession of Advocate open for signature
Thirteen member states of the Council of Europe have signed the Convention on the Protection of the Profession of Advocate, which was adopted by the Committee of Ministers of the Council of Europe on March 12, 2025. Four more countries will do so today. Ukraine is not among them.

Advocacy
BCU initiates resolution of the issue of visits by advocates to convicted persons
Article 110 of the Criminal Enforcement Code guarantees convicted persons confidentiality of meetings with their advocate. One of the important elements is the possibility to communicate with an advocate in a room without a solid partition. In practice, this provision of the law is systematically violated.

Advocacy
Advocates, academics, and experts examine problems in forensic examination (video)
The Ukrainian National Bar Association, in cooperation with leading scientific and research institutes of forensic expertise, organized a round table on expert support for legal practice.
Publications

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…

Vadym Krasnyk The UNBA will work, and all obstacles and restrictions are only temporary inconveniences

Lydia Izovitova Interview with Lydia Izovitova on the occasion of the 8th anniversary of the founding of UNBA: We are the voice of t…