Upon retrieval from the United register of advocates of Ukraine

Today, among the lawyers observed a lack of clarity regarding the necessity of bringing them to a printed statement from United register of Advocates of Ukraine (ERAU) issued by the bar Council of the region, and their actions when nedopusk to defense in criminal proceedings on pictavi napred yavlennyi the specified document to the investigators and judges. Many lawyers handle explaining this situation to the Association of lawyers of Ukraine and Association of lawyers of Ukraine.

We consider it necessary to Express their position on this issue.

So, according to norms of the current Criminal procedural code of Ukraine (paragraph 2 of article 45) the defender may not be a lawyer, details of which are not included in the Unified register of advocates of Ukraine or with respect to which in the Unified register of advocates of Ukraine provides information about a stop or termination of the right to practice law.

In accordance with the Final provisions of the criminal procedure code of Ukraine, this Code shall enter into force six months from the date of its publication, except the second part of article 45 of this Code, which entered into force a year after the creation of the United register of Advocates of Ukraine;

According to information from the website of the National assocat of advocates of Ukraine: "the United register of Advocates of Ukraine (ERAU) created 16 Jan 2013. January 16, 2013, ERAU began to function." http://unba.org.ua/erau/

That is, 17.01.2014, attorneys, details of which are not included in the Unified register of advocates of Ukraine or with respect to which in the United register of Advocates of Ukraine provides information about a stop or termination of the right to practice law cannot be defenders in criminal proceedings.

According to the procedure of keeping of the United register of Advocates of Ukraine, approved by decision of the Council of advocates of Ukraine No26 from December 17, 2012, with changes and the additions brought by Decision of the Council of advocates of Ukraine No111 from 06 April 2013 No 149 from "01" June 2013 No184 27 Jul 2013, No220 27 September 2013:

"Article 1.p. 1.1. - United register of Advocates of Ukraine is an electronic database that contains information about the number and personal composition of advocates of Ukraine, lawyers of foreign States who according to the Law of Ukraine "On advocacy and legal practice" has acquired the right to practice law, and lawyers on the selected organizational forms of advocacy. ...

Article 6. 6.1. - The Council of advocates of Ukraine and the respective councils of the attorneys for the regions on enforcement bodies, legal and natural persons, lawyers or others, give extract from United register of Advocates of Ukraine according to the rules established by this Order; 6.2. The information included in the Unified register of advocates of Ukraine is open and available for viewing on the official website of the National Association of advocates of Ukraine www.unba.org.ua; 6.3. For the purposes stipulated by law of Ukraine, extraction of ERU issued exclusively by the Board of advocates of Ukraine and Council of advocates of the region."

Decision No. 262 "On approval of the form of extract from the United register of Advocates of Ukraine " dated December 17, 2013, the Council of advocates of Ukraine decided to adopt the form of extract from the Unified register of advocates of Ukraine, instructed the bar Councils of the regions at the request of lawyers or other persons to ensure the issuance of extracts from ERAU on an approved form, starting from 01 January 2014;

Paragraph 4 of this decision, RAU verse: to recommend to the lawyers of the regions (the Autonomous Republic of Crimea, oblasts, cities of Kyiv and Sevastopol) in the period up to 16 January 2014 to in the respective bar Council of the region at your workplace extract from ERAU printed on the approved form; p. 5. - To establish that the resulting extract from United register of Advocates of Ukraine on an approved form, certified by signature of the Head RAR (RAU), Deputy Head RAR (RAU) or the authorized person and sealed by the bar Council of the region of the bar Council of Ukraine), and are valid until 17 March 2014.

Thus, judges, investigators or individuals have the opportunity to check the availability of data on the lawyer in United register of Advocates of Ukraine, print this information and use them in criminal proceedings.

Any obligation of lawyers to extract from United register of Advocates of Ukraine and provide them to the investigators or the judges in the defence of criminal proceedings the current legislation is not provided.

Therefore nedopusk lawyers to defend pictavi not bringing them to a printed statement from United register of Advocates of Ukraine issued by the bar Council of the region could be construed as abuse by officials of their official powers and violation of the right to defense of the suspect or the accused.

United register of Advocates of Ukraine

ADVOCATES OF KIEV 

ADVOCATES OF ODESSA REGION

ADVOCATES OF DONETSK REGION

ADVOCATES OF LUGANSK REGION