THE LAW OF UKRAINE

 

On advocacy activities

 

This law defines the legal basis for the organization and activities of advocacy and advocacy in Ukraine.

 

 

 

Section I

GENERAL PROVISIONS

 

Article 1. Definition of key terms

 

1. In this Law the following terms shall have the following meanings:

 

1) attorney - a natural person who practices law on the grounds and in the manner prescribed by this Law;

 

2) the advocate's practice - independent professional activity of a lawyer for the implementation of protection, representation and provision of other legal services to the client;

 

3) advocates 'self-government - guaranteed government lawyers' right to decide matters of organization and activities of advocacy in the manner prescribed by this Law;

 

4) the contract on providing legal assistance - the arrangement whereby one party (the lawyer, law firm, bar Association) undertakes to carry out the protection, representation, or provide other types of legal assistance to the second party (client) on the terms and in the manner specified in this contract and the client agrees to pay for legal assistance and the actual costs necessary to perform the contract;

 

5) protection - the kind of advocacy which is to protect the rights, freedoms and legitimate interests of the suspect, accused, defendant, convict, acquitted person, person, in respect of which provides for the application of coercive measures of medical or educational nature, or the question about their use in criminal proceedings, the person against whom the issue of extradition to a foreign state (extradition), as well as persons brought to administrative responsibility during the proceedings of an administrative offense;

 

6) other types of legal assistance - types of advocacy by providing legal information, consultations and explanations on legal issues, legal support of the client's activity, drafting applications, complaints, procedural and other legal documents aimed at ensuring the realization of rights, freedoms and legitimate interests of the client and prevent their violations, and to facilitate their recovery in case of violation;

 

7) the client - physical person or legal entity, state, public authority, local authority, in whose interests is advocacy;

 

8) conflict of interest - the contradiction between the personal interests of the lawyer and his professional rights and duties, which may affect the objectivity and impartiality during the performance by counsel of his professional duties, and for committing or not committing an action while advocacy;

 

9) representation - the kind of advocacy, which is to ensure the realization of the rights and obligations of the client in civil, commercial, administrative and constitutional judiciary, other state bodies, to natural and legal persons, the rights and obligations of the victim during the consideration of cases on administrative offences and the rights and obligations of the victim, civil plaintiff, civil defendant in criminal proceedings.

 

Article 2. The Bar Of Ukraine

 

1. The bar of Ukraine is a non - governmental self-governing institution that ensures the implementation of protection, representation and providing other legal assistance on a professional basis, as well as decides independently on matters of organization and activities of advocacy in the manner prescribed by this Law.

 

2. The bar of Ukraine shall comprise of all advocates of Ukraine who have the right to practice law.

 

3. To ensure proper implementation of advocacy, safeguards, advocacy, protection of professional rights of lawyers, ensuring high professional level of advocates and the decisions of the disciplinary liability of advocates in Ukraine has a law government.

 

Article 3. Legal basis of advocacy of Ukraine

 

1. Legal basis of advocacy of Ukraine is the Constitution of Ukraine, this Law, other legislative acts of Ukraine.

 

Article 4. The principles and foundations of the profession

 

1. Advocacy is carried out on the principles of the rule of law, legality, independence, confidentiality and avoidance of conflict of interest.

 

2. Lawyer of Ukraine carries out lawyer activity in all territory of Ukraine and abroad, unless otherwise stipulated by an international agreement, required by the Verkhovna Rada of Ukraine or the legislation of a foreign state.

 

3. A lawyer can practice law individually or in a legal forms law Bureau or attorneys Association (organizational forms of advocacy).

 

4. The lawyer of a foreign state carrying out legal activities on the territory of Ukraine in accordance with this Law, unless otherwise stipulated by an international Treaty, a consent on obligatory of which is given by Verkhovna Rada of Ukraine.

 

Article 5. Advocacy and the state

 

1. The legal profession is independent from bodies of state power, bodies of local self-government, their officials and officers.

 

2. The state creates the appropriate conditions for activities of the legal profession and enforces the guarantees of advocacy.

 

Section II

THE ACQUISITION OF THE RIGHT TO PRACTICE LAW. THE ORGANIZATIONAL FORMS OF ADVOCACY

 

Article 6. Lawyer

 

1. A lawyer can be a natural person who has full higher legal education, fluent in the state language, has experience in the field of law for at least two years, pass a qualifying exam, passed probation (except for the cases established by this Law), made the oath of advocate of Ukraine and obtained the certificate of right to advocacy.

 

2. Can't be a lawyer a person who:

 

1) has outstanding or removed in the manner prescribed by law a criminal record for committing serious, very serious crimes and crimes of medium gravity, for which sentenced to imprisonment;

 

2) recognized by court as incapable or partially capable;

 

3) deprived of the right to practice law, within two years from the date of the decision on the termination of the right to practice law;

 

4) dismissed from the post of judge, Prosecutor, investigator, notary, public service or service in local government bodies for violation of the oath, a corruption offense, within three years from the date of such release.

 

3. For purposes of this article:

 

1) complete higher legal education - higher legal education obtained in Ukraine, as well as complete higher legal education obtained in foreign countries and recognized in Ukraine in accordance with the law;

 

2) work experience in the field of law - the experience of a person with a degree after gaining full higher legal education.

 

Article 7. Requirements concerning the incompatibility

 

1. Incompatible with the activities of the lawyer are:

 

1) work on posts of the persons referred to in paragraph 1 of article 4 of the Law of Ukraine "On principles of prevention and corruption counteraction";

 

2) military or alternative (non-military) service;

 

3) notarial activities;

 

4) forensic expert activities.

 

The requirements concerning incompatibility with the lawyer's actions under paragraph 1 of this subsection shall not apply to deputies of the Verkhovna Rada of the Autonomous Republic of Crimea, deputies of local councils (except those that exercise their powers in the respective Council on a permanent basis), members of the High Council of justice (except those who work in the High Council of justice on a regular basis).

 

2. In the event of circumstances of incompatibility stipulated by part one of this article, the lawyer within three days from the date of occurrence of such circumstances shall submit to the bar Council of the region at your workplace statement on the suspension of advocacy.

 

Article 8. Admission to the qualification examination

 

1. A person wishing to become a lawyer and meets the requirements of parts I and II of article 6 of this Law, has the right to appeal the disciplinary Commission of the bar at the place of residence with the application for admission to the qualification exam. Admission to the qualification examination and the list of documents annexed to the statement approved by the Council of lawyers of Ukraine.

 

2. Qualification and disciplinary Commission of the bar verifies the conformity of a person to the requirements established by parts one and two of article 6 of this Law. To verify the completeness and accuracy of the information provided by the person wishing to become a lawyer, and with the written consent of such person, the qualification and disciplinary Commission of the bar, the qualifying chamber or a certain member of the house can make inquiries to bodies of state power, bodies of local self-government, their officials and officers, enterprises, institutions and organizations regardless of ownership and subordination of public associations, is obliged not later than ten working days from the date of receipt of the request to provide the necessary information.

 

Failure to provide information to such a request, untimely or incomplete providing information, providing information that is untrue, entail the responsibility established by the law.

 

In case of failure by the person wishing to become a lawyer, the written consent for review of completeness and accuracy of the information provided by him such person to the qualification examination is not allowed.

 

3. The term of consideration of the application for the admission to the qualification examination shall not exceed thirty days from the date of its receipt.

 

By results of consideration of the application and attached documents for qualification and disciplinary Commission of the bar decides on:

 

1) admission to the qualification exam;

 

2) denial of admission to the qualification examination.

 

A person who has applied for admission to the qualification examination, reported about the decision in writing within three days from the date of its adoption. In the case of a decision on refusal in the admission to examination in the decision of the qualification and disciplinary Commission of the bar mandatory, the reasons for such refusal.

 

4. The decision on refusal in the admission to the qualification examination may be appealed to the qualification and disciplinary Commission of the bar or to the court within thirty days from the date of its receipt.

 

Article 9. Qualifying exam

 

1. The qualification exam is a test of a person wishing to become a lawyer.

 

2. The qualifying exam is to identify the theoretical knowledge in the field of law, history of legal profession legal ethics of the person wishing to become a lawyer, and also to identify the level of practical skills in the application of the law.

 

Organization and conduct of the qualifying examination is the qualification chamber of qualification and disciplinary Commission of the bar.

 

The procedure of passing qualification examinations, methods of evaluation and the programme of qualification examinations shall be approved by the Council of lawyers of Ukraine. The bar Council of Ukraine may establish a fee for qualification examination and the procedure for its entering.

 

Qualification examinations are held at least once in three months.

 

3. A person who passes the qualifying examination within ten days from the date of passing the qualification exam the qualification and disciplinary Commission of the bar free of charge issues the certificate of qualification examination.

 

Certificate of qualification examination is valid for three years from the date of delivery.

 

A sample of the certificate of qualification examination approved by the Board of advocates of Ukraine.

 

4. A person who has not passed the qualifying examination may be allowed to compile such a re-examination not earlier than six months. A person who has not passed the qualifying exam may be admitted to the next qualification exam not earlier than in one year.

 

5. A person who has not passed the qualifying exam, may, within thirty days from the date of receipt of the decision of qualification and disciplinary Commission of the bar to appeal to the High qualifications and disciplinary Commission of the bar or to the court, which may leave the challenged decision unchanged or to oblige the qualification and disciplinary bar Commission to hold a second qualifying exam in the near future such experiments.

 

Article 10. Trainee lawyer. Internships

 

1. The internship is to test the readiness of the person who received the certificate of qualification examination, to independently practice law. The internship is for six months under the supervision of a lawyer in the direction of the Board of advocates of the region.

 

2. A trainee solicitor can be a person who on the first day of internship has a valid certificate of qualification examination.

 

The internship can be carried out in their spare time Intern.

 

3. The internship supervisor may be a lawyer of Ukraine, who has experience of advocacy at least five years. One lawyer can be trained more than three trainees at a time. The bar Council of the region may designate an internship supervisor from among the lawyers, the address of the workplace which is in the region.

 

4. The procedure of the traineeship, program and evaluation methodology internships are approved by the Council of lawyers of Ukraine.

 

5. From the internship program for individuals who on the date of filing an application for admission to the qualification examination, have work experience paralegal for at least one year during the last two years.

 

6. According to the results of the internship, the internship supervisor shall prepare a report on the assessment of the internship and submits it to the Council of attorneys of the region.

 

7. The results of the internship are evaluated by the bar Council of the region within thirty days from the date of receipt of the report.

 

Evaluation of the training results, the Board of advocates of the region decides on:

 

1) the results of the face of the certificate of right to advocacy;

 

2) continuation of the internship for a period from one to three months.

 

Trainee lawyer and head of internship shall be notified of the decision in writing within three days from the date of its adoption.

 

8. The decision of the bar Council of the region on the extension of the internship may be appealed by the advocate's trainee or internship supervisor within thirty days from the date of its receipt the Council of advocates of Ukraine or to the court, which may leave the challenged decision unchanged or to oblige the bar Council of the region to issue a certificate of right to practice law.

 

Article 11. Oath of advocate of Ukraine

 

1. The person in respect of which the Council of attorneys of the region adopted the decision on issuance of certificate of right to practice law, not later than thirty days from the date of adoption of this decision is before the Board of advocates of the region, the oath of advocate of Ukraine with the following content:

 

"I, (name), do solemnly swear in its advocacy to adhere to the principles of the rule of law, legality, independence and confidentiality rules of legal ethics, honestly and in good faith to ensure the right to defense and legal assistance in accordance with the Constitution of Ukraine and laws of Ukraine, with high responsibility to perform the duties entrusted to me, to be faithful to the oath".

 

2. The text of the oath of attorney of Ukraine shall be signed by the lawyer and kept the bar Council of the region, and its copy is given to the lawyer.

 

Article 12. The certificate of right to practice law, the certificate of the lawyer of Ukraine

 

1. To the person surrendering the oath of advocate of Ukraine, the Council of attorneys of the region on the day of swearing gratuitously issued a certificate of right to practice law and the certificate of the lawyer of Ukraine.

 

2. Certificate in advocacy and the certificate of the lawyer of Ukraine is not limited to the age of the person and is perpetual.

 

Samples of certificate of right to practice law and the certificate of the lawyer of Ukraine approved by the Council of lawyers of Ukraine.

 

Article 13. Implementation of lawyer activities individually, lawyer

 

1. A lawyer who practices law individually, is a self-employed person.

 

2. A lawyer who practices law individually, can open Bank accounts, have a seal, stamps, forms (including order), indicating your surname, name and patronymic, number and date of issue of the certificate on the right to practice law.

 

Article 14. Law office

 

1. The law office is a legal entity created by one attorney and operates under the Charter. The name of the law office must include the name of the lawyer who created it.

 

2. The state registration of the law office shall be in the manner prescribed by the Law of Ukraine "On state registration of legal entities and physical persons - entrepreneurs", taking into account peculiarities stipulated by this Law.

 

3. The law office has an independent balance, can open Bank accounts, have a seal, stamps and letterheads with its name.

 

4. On the establishment, reorganization or liquidation law office attorney who created the law office, within three days from the date of entry of the relevant data in the Unified state register of legal entities and physical persons - entrepreneurs shall notify the relevant Council of attorneys of the region.

 

5. Party to the Treaty on the provision of legal assistance is the law office.

 

6. Bureau of may involve the execution of prisoners, the Bureau of contracts on rendering legal assistance to other attorneys on a contractual basis. The law office is obliged to ensure the observance of advocates ' professional rights and guarantees of advocacy.

 

Article 15. Law Association

 

1. The bar Association is a legal entity, created by merging two or more lawyers (member) and operates under the Charter.

 

2. The state registration of the bar Association shall be in the manner prescribed by the Law of Ukraine "On state registration of legal entities and physical persons - entrepreneurs", taking into account peculiarities stipulated by this Law.

 

3. The bar Association has an independent balance, can open Bank accounts, have a seal, stamps and letterheads with its name.

 

4. On the establishment, reorganization or liquidation of the bar Association, change of members of the bar Association within three days from the date of entry of the relevant data in the Unified state register of legal entities and physical persons - entrepreneurs shall notify the relevant Council of attorneys of the region.

 

5. Party to the contract on granting of legal aid is lawyers ' Association. On behalf of the bar Association the contract on providing legal assistance shall be signed by the member of the bar Association, authorized by a warrant or Charter of the bar Association.

6. The bar Association may involve the execution of prisoners by the Union of the agreements on providing legal assistance to other attorneys on a contractual basis. The bar Association is obliged to ensure the observance of advocates ' professional rights and guarantees of advocacy.

 

Article 16. Assistant attorney

 

1. The lawyer may have assistants from among persons having completed higher legal education. Assistants to the lawyer work on the basis of the labour agreement (contract) concluded with a lawyer, law office, law firm, in compliance with the requirements of this Law and labor legislation.

 

2. Assistant attorney performs tasks of the lawyer in the Affairs of the lawyer, except those that belong to procedural powers (rights and obligations) lawyer.

 

3. The position of paralegal is approved by the Council of lawyers of Ukraine.

 

4. The paralegal is prohibited to combine work in counsel with the activities incompatible with the activities of the lawyer. A paralegal can not be the persons referred to in article 6 of this Law.

 

Article 17. The unified register of advocates of Ukraine

 

1. The Council of advocates of Ukraine shall maintain the Single register of attorneys of Ukraine with the purpose of collecting, storing, accounting and provision of reliable information on the number and membership of advocates of Ukraine, lawyers of foreign States which, in accordance with this Act acquired the right to practice law in Ukraine, elected by the lawyers of organizational forms of advocacy. Entering information into the Unified register of advocates of Ukraine is made by the bar councils of the regions and the Council of advocates of Ukraine.

 

2. To the Unified register of advocates of Ukraine shall contain the following information:

 

1) surname, name and patronymic of the lawyer;

 

2) the number and date of issuance of certificate of right to advocacy number and date of decision on issuance of certificate of right to practice law (number and date of decision on inclusion of the lawyer of a foreign state in the Single register of attorneys of Ukraine);

 

3) the name and location of organizational forms of advocacy, communications;

 

4) the address of the workplace of the lawyer, number of means of communication;

 

5) information on the suspension or termination of right to practice law;

 

6) other information stipulated by this Law.

 

The address of the workplace of lawyer is lawyer location of the chosen organizational forms of advocacy or the address of actual place of implementation of lawyer activity, if it is different from the location of the chosen solicitor, the organizational forms of advocacy. In the case of multiple addresses, workplaces of the lawyer to the Unified register of advocates of Ukraine paid only one address of the workplace of lawyer.

 

3. The lawyer within three days from the date of change of information about yourself, which are entered or to be entered into the Unified register of attorneys of Ukraine shall be informed in writing of such changes, the Board of advocates of the region at his workplace, except to the extent that these changes are made based on the decision of qualification and disciplinary Commission of the bar.

 

4. The information entered in the Unified register of advocates of Ukraine is open on the official website of the National Association of advocates of Ukraine. The Council of advocates of Ukraine and the respective councils of lawyers regions provide extracts from the Unified register of advocates of Ukraine at the request of counsel or of another person.

 

5. Information shall be entered in the Unified register of advocates of Ukraine, included in it not later than the day following the day of receipt by the bar Council of the region of the relevant information, except for the cases stipulated by this Law.

 

6. The order of the Unified registry of advocates of Ukraine shall be approved by the Council of lawyers of Ukraine.

 

7. With the aim of keeping the Single register of attorneys of Ukraine is forbidden to process personal data of individuals in accordance with the legislation on protection of personal data.

 

Article 18. Association of lawyers

 

1. Lawyers have the right to create in accordance with the law of local, national and international enterprises.

 

2. Lawyers and their associations can be members of international organizations, lawyers and jurists.

 

Section III

TYPES OF ADVOCACY. RIGHTS AND OBLIGATIONS OF THE LAWYER. GUARANTEES OF ADVOCACY

 

Article 19. Types of advocacy

 

1. Types of advocacy are:

 

1) providing legal information, consultations and explanations on legal issues, legal support of activities of legal and physical persons, state bodies, bodies of local self-government of the state;

 

2) drafting of applications, complaints, procedural and other legal documents;

 

3) protect the rights, freedoms and legitimate interests of the suspect, accused, defendant, convict, acquitted person, person, in respect of which provides for the application of coercive measures of medical or educational nature, or the question about their use in criminal proceedings, the person against whom the issue of extradition to a foreign state (extradition), as well as persons brought to administrative responsibility during the proceedings of an administrative offense;

 

4) providing legal assistance to a witness in criminal proceedings;

 

5) representation of interests of the victim during the proceedings on administrative offence, the rights and obligations of a victim, civil plaintiff, civil defendant in criminal proceedings;

 

6) representation of interests of individuals and legal entities in the courts during the implementation of civil, economic, administrative and constitutional proceedings, as well as in other public bodies, to natural and legal persons;

 

7) representation of interests of individuals and legal entities, state bodies of state power, bodies of local self-government in foreign, international judicial bodies, unless otherwise established by the legislation of foreign States, statutory documents of international judicial bodies and other international organizations or international treaties agreed to be binding by the Verkhovna Rada of Ukraine;

 

8) the provision of legal assistance during the execution and serving of criminal punishment.

 

The lawyer can carry out other types of advocacy not prohibited by law.

 

Article 20. Professional rights of a lawyer

 

1. During the implementation of the advocate's practice an advocate is entitled to take any action not prohibited by law, rules of legal ethics and contract for the provision of legal assistance necessary for the proper execution of the contract on rendering of legal assistance, in particular:

 

1) contact with law queries, including with respect to obtaining copies of documents to the bodies of state power, bodies of local self-government, their officials and service persons, enterprises, institutions, organizations, public associations and physical persons (with the consent of such individuals);

 

2) to represent and defend the rights, freedoms and interests of physical persons, rights and interests of legal entities in court, state authorities and local self-government bodies, enterprises, institutions, organizations irrespective of form of ownership, public associations, to the citizens, officials and service persons have the authority to the issues involved in Ukraine and abroad;

 

3) to meet at enterprises, institutions and organizations necessary for the advocacy documents and materials, except those which contain information with restricted access;

 

4) draw up applications, complaints, petitions, other legal documents and serve them in the manner prescribed by law;

 

5) submit requests and complaints at the reception of officials and officers and in accordance with the law, to obtain from them a written motivated answers to these petitions and complaints;

 

6) be present during the consideration of their petitions and complaints at meetings of collegial bodies and to give explanations on the merits of the petitions and complaints;

 

7) collect information on facts which can be used as evidence in the manner prescribed by law to request, receive and delete items, documents, their copies and to get acquainted with them and to interview persons with their consent;

 

8) use technical means, including copying of the materials of the case in which the lawyer provides defense, representation or provides other types of legal aid, to fix the procedural actions in which he takes part, as well as the course of the hearing in the manner prescribed by law;

 

9) to certify copies of documents in cases which he leads, unless the law establishes another required how to certify copies of documents;

 

10) obtain the written opinions of experts on issues requiring special knowledge;

 

11) to exercise other rights stipulated by the present Law and other laws.

 

Article 21. Professional obligations of a lawyer

 

1. At the time of implementation of lawyer activity the attorney is obliged to:

 

1) to comply with the oath of advocate of Ukraine and the rules of legal ethics;

 

2) according to customer requirement to provide a report on the implementation of the agreement on rendering legal assistance;

 

3) immediately notify the client about the conflict of interest;

 

4) to improve their professional level;

 

5) carry out the decisions of bodies of advocate self-government;

 

6) perform other duties stipulated by law and the contract for the provision of legal aid.

 

2. An advocate shall not:

 

1) to use their rights in defiance of rights, freedoms and legitimate interests of the client;

 

2) without the client's consent to disclose information constituting attorney-client privilege, to use them in their own interests or the interests of third parties;

3) immediately notify the client about the conflict of interest;

 

4) to improve their professional level;

 

5) carry out the decisions of bodies of advocate self-government;

 

6) perform other duties stipulated by law and the contract for the provision of legal aid.

 

2. An advocate shall not:

 

1) to use their rights in defiance of rights, freedoms and legitimate interests of the client;

 

2) without the client's consent to disclose information constituting attorney-client privilege, to use them in their own interests or the interests of third parties;

 

3) take a position on the case against the wishes of the client, unless the lawyer is confident in the self-incrimination of the client;

 

4) to refuse to provide legal aid, except in cases established by law.

 

3. The lawyer ensures the protection of personal data about an individual, which he owns, according to the legislation on protection of personal data.

 

ЯндексПереводчикТЕКСТСАЙТКАРТИНКА

[email protected]

РУССКИЙ

Статья 22. Адвокатская тайна

 

1. Адвокатской тайной является любая информация, которая стала известна адвокату, помощнику адвоката, стажеру адвоката, лицу, которое находится в трудовых отношениях с адвокатом, о клиенте, а также вопросы, по которым клиент (лицо, которому отказано в заключении договора об оказании правовой помощи по предусмотренных этим Законом оснований) обращался к адвокату, адвокатского бюро, адвокатского объединения, содержание советов, консультаций, разъяснений адвоката, составленные им документы, информация, которая хранится на электронных носителях, и другие документы и сведения, полученные адвокатом во время осуществления адвокатской деятельности.

 

2. Информация или документы могут потерять статус адвокатской тайны по письменному заявлению клиента (лица, которому отказано в заключении договора об оказании правовой помощи по предусмотренных этим Законом оснований). При этом информация или документы, полученные от третьих лиц и содержат сведения о них, могут распространяться с учетом требований законодательства по вопросам защиты персональных данных.

 

3. Обязанность хранить адвокатскую тайну распространяется на адвоката, его помощника, стажера и лиц, которые находятся в трудовых отношениях с адвокатом, адвокатским бюро, адвокатским объединением, а также лицом, в отношении которого прекращено или приостановлено право на занятие адвокатской деятельностью. Адвокат, адвокатское бюро, адвокатское объединение обязаны обеспечить условия, исключающие доступ посторонних лиц к адвокатской тайне или ее разглашения.

 

4. В случае предъявления клиентом требований к адвокату в связи с адвокатской деятельностью адвокат освобождается от обязанности сохранения адвокатской тайны в пределах, необходимых для защиты его прав и интересов. В таком случае суд, орган, осуществляющий дисциплинарное производство в отношении адвоката, другие органы или должностные лица, которые рассматривают требования клиента к адвокату или которым стало известно о предъявлении таких требований, обязаны принять меры для предотвращения доступа посторонних лиц к адвокатской тайне и ее разглашение.

 

5. Лица, виновные в доступе посторонних лиц к адвокатской тайне или ее разглашении, несут ответственность согласно закону.

 

Статья 23. Гарантии адвокатской деятельности

 

1. Профессиональные права, честь и достоинство адвоката гарантируются и охраняются Конституцией Украины, настоящим Законом и другими законами, в частности:

 

1) запрещаются любые вмешательства и препятствия осуществлению адвокатской деятельности;

 

2) запрещается требовать от адвоката, его помощника, стажера, лица, состоящего в трудовых отношениях с адвокатом, адвокатским бюро, адвокатским объединениям, а также от лица, в отношении которого прекращено или приостановлено право на занятие адвокатской деятельностью, предоставление сведений, которые являются адвокатской тайной. С этих вопросов указанные лица не могут быть допрошены, кроме случаев, если лицо, которое доверило соответствующие сведения, освободила этих лиц от обязанности хранить тайну в порядке, предусмотренном законом;

 

3) проведения в отношении адвоката оперативно-розыскных мероприятий или следственных действий, которые могут проводиться исключительно с разрешения суда, осуществляется на основании судебного решения, принятого по ходатайству Генерального прокурора Украины, его заместителей, прокурора Автономной Республики Крым, области, города Киев и города Севастополя;

 

4) запрещается проведение осмотра, разглашение, истребование или изъятие документов, связанных с осуществлением адвокатской деятельности;

 

5) адвокату гарантируется равенство прав с другими участниками производства, соблюдение принципов состязательности и свободы в предоставлении доказательств и доведении их убедительности;

 

6) жизнь, здоровье, честь и достоинство адвоката и членов его семьи, их имущество находится под охраной государства, а посягательства на них влекут ответственность, предусмотренную законом;

 

7) адвокату гарантируется право на обеспечение безопасности во время участия в уголовном судопроизводстве в порядке, установленном законом;

 

8) запрещается привлекать адвоката к конфиденциальному сотрудничеству  во время проведения оперативно-розыскных мероприятий или следственных действий, если такое сотрудничество будет связано или может привести к раскрытию адвокатской тайны;

 

9) запрещается вмешательство в частное общение  адвоката с клиентом;

 

10) запрещается внесение представления следователем, прокурором, а также вынесение частного определения (постановления) суда о правовой позиции адвоката в деле;

 

11) запрещается вмешательство в правовую позицию адвоката;

 

12) орган или должностные лица, которые задержали адвоката или применили к нему меру пресечения, обязаны немедленно сообщить об этом в соответствующий совет адвокатов региона;

 

13) сообщение о подозрении адвоката в совершении уголовного правонарушения может быть осуществлено исключительно Генеральным прокурором, его заместителем, прокурором Автономной Республики Крым, области, города Киев и города Севастополя;

 

14) запрещается привлекать к уголовной или иной ответственности адвоката (лицо, в отношении которого прекращено или приостановлено право на занятие адвокатской деятельностью) или угрожать применением ответственности в связи с осуществлением им адвокатской деятельности в соответствии с законом;

 

15) не могут быть основанием для привлечения адвоката к ответственности его высказывания в деле, в том числе те, что отражают позицию клиента, заявления в средствах массовой информации, если при этом не нарушаются профессиональные обязанности адвоката;

 

16) запрещается отождествление адвоката с клиентом;

 

17) дисциплинарное производство в отношении адвоката осуществляется в особом порядке.

 

Особенности проведения отдельных следственных действий и мер обеспечения уголовного производства в отношении адвоката определяются частью второй настоящей статьи.

 

2. В случае проведения обыска или осмотра жилища, иного владения адвоката, помещений, где он осуществляет адвокатскую деятельность, временного доступа к вещей и документов адвоката следственный судья, суд в своем решении в обязательном порядке указывает перечень вещей, документов, которые планируется отыскать, выявить или удалить во время проведения следственного действия или применения меры обеспечения уголовного производства, а также учитывает требования пунктов 2-4 части первой этой статьи.

 

Во время проведения обыска или осмотра жилища, иного владения адвоката, помещений, где он осуществляет адвокатскую деятельность, временного доступа к вещей и документов адвоката должен присутствовать представитель совета адвокатов региона, кроме случаев, предусмотренных абзацем четвертым этой части. Для обеспечения его участия должностное лицо, которое будет проводить соответствующее следственное действие или применять меры обеспечения уголовного производства, заблаговременно уведомляет об этом совет адвокатов региона по месту проведения такого процессуального действия.

 

С целью обеспечения соблюдения требований этого Закона об адвокатской тайны во время проведения указанных процессуальных действий представителю совета адвокатов региона предоставляется право задавать вопросы, подавать свои замечания и возражения относительно порядка проведения процессуальных действий, которые указываются в протоколе.

 

Неявка представителя совета адвокатов региона при условии заблаговременного уведомления совета адвокатов региона не препятствует проведению соответствующего процессуального действия.

 

3. Органы государственной власти, органы местного самоуправления, их должностные и служебные лица в отношениях с адвокатами обязаны придерживаться требований Конституции Украины и законов Украины, Конвенции о защите прав человека и основополагающих свобод 1950 года и протоколов к ней, согласие на обязательность которых предоставлено Верховной Радой Украины, практики Европейского суда по правам человека.

 

Статья 24. Адвокатский запрос

 

1. Адвокатский запрос - письменное обращение адвоката в орган государственной власти, органа местного самоуправления, их должностных и служебных лиц, предприятий, учреждений и организаций независимо от формы собственности и подчинения, общественных объединений о предоставлении информации, копий документов, необходимых адвокату для оказания правовой помощи клиенту.

 

К адвокатскому запросу прилагаются заверенные адвокатом копии свидетельства о праве на занятие адвокатской деятельностью, ордера или поручения органа (учреждения), уполномоченного законом на предоставление бесплатной правовой помощи. Требовать от адвоката представления вместе с адвокатским запросу иных документов запрещается.

 

Адвокатский запрос не может касаться предоставления консультаций и разъяснений положений законодательства.

 

Предоставление адвокату информации и копий документов, полученных в ходе осуществления уголовного производства, осуществляется в порядке, установленном уголовным процессуальным законом.

 

2. Орган государственной власти, орган местного самоуправления, их должностные и служебные лица, руководители предприятий, учреждений, организаций, общественных объединений, которым направлен адвокатский запрос, обязаны не позднее пяти рабочих дней со дня получения запроса предоставить адвокату соответствующую информацию, копии документов, кроме информации с ограниченным доступом и копий документов, в которых содержится информация с ограниченным доступом.

 

В случае если адвокатский запрос касается предоставления значительного объема информации или требует поиска информации среди значительного количества данных, срок рассмотрения адвокатского запроса может быть продлен до двадцати рабочих дней с обоснованием причин такого продления, о чем адвокату письменно уведомляется не позднее пяти рабочих дней со дня получения адвокатского запроса.

 

В случае если удовлетворения адвокатского запроса предусматривает изготовление копий документов объемом более десяти страниц, адвокат обязан возместить фактические расходы на копирование и печать. Размер таких расходов не может превышать предельные нормы расходов на копирование и печать, установленные Кабинетом Министров Украины в соответствии с Законом Украины "О доступе к публичной информации".

 

3. Отказ в предоставлении информации на адвокатский запрос, несвоевременное или неполное предоставление информации, предоставление информации, не соответствует действительности, влекут за собой ответственность, установленную законом, кроме случаев отказа в предоставлении информации с ограниченным доступом.

 

Статья 25. Оказание адвокатом бесплатной правовой помощи

 

1. Порядок и условия привлечения адвокатов к предоставлению бесплатной правовой помощи устанавливаются законом.

 

2. Оценка качества, полноты и своевременности оказания адвокатами бесплатной первичной правовой помощи осуществляется по обращению органов местного самоуправления, а безвозмездной вторичной правовой помощи - по обращению органа (учреждения), уполномоченного законом на предоставление бесплатной правовой помощи, комиссиями, созданными для этой цели советами адвокатов регионов.

 

Раздел IV

ДОГОВОР О ПРЕДОСТАВЛЕНИИ ПРАВОВОЙ ПОМОЩИ

 

Статья 26. Основания для осуществления адвокатской деятельности

 

1. Адвокатская деятельность осуществляется на основании договора о предоставлении правовой помощи.

 

Документы, удостоверяющие полномочия адвоката на предоставление правовой помощи, могут быть:

 

1) договор о предоставлении правовой помощи;

 

2) доверенность;

 

3) ордер;

 

4) поручения органа (учреждения), уполномоченного законом на предоставление бесплатной правовой помощи.

 

2. Ордер - письменный документ, в случаях, установленных настоящим Законом и другими законами Украины, удостоверяющего полномочия адвоката на предоставление правовой помощи. Ордер выдается адвокатом, адвокатским бюро или адвокатским объединением и должен содержать подпись адвоката. Совет адвокатов Украины утверждает типовую форму ордера.

 

3. Полномочия адвоката в качестве защитника или представителя в хозяйственном, гражданском, административном судопроизводстве, уголовном производстве, рассмотрении дел об административных правонарушениях, а также в качестве уполномоченного по поручению в конституционном судопроизводстве подтверждаются в порядке, установленном законом.

 

4. Адвокат обязан действовать в пределах полномочий, предоставленных ему клиентом, в том числе с учетом ограничений относительно совершения отдельных процессуальных действий.

 

Статья 27. Форма и содержание договора об оказании правовой помощи

 

1. Договор о предоставлении правовой помощи заключается в письменной форме.

 

2. Договор об оказании правовой помощи может совершаться устно в случаях:

 

1) предоставление устных и письменных консультаций, разъяснений по правовым вопросам с последующей записью об этом в журнале и вручением клиенту документа, подтверждающего оплату гонорара (вознаграждения);

 

2) если клиент безотлагательно требует предоставления правовой помощи, а заключения письменного договора за конкретных обстоятельств является невозможным - с последующим заключением договора в письменной форме в течение трех дней, а если для этого существуют объективные препятствия - в ближайший возможный срок.

 

3. Договора о предоставлении правовой помощи применяются общие требования договорного права.

 

4. Договор об оказании правовой помощи может заключаться в пользу клиента другим лицом, которое действует в его интересах. Особенности заключения и содержания контрактов (договоров) с адвокатами, которые оказывают бесплатную правовую помощь, устанавливаются законом, регулирующим порядок предоставления бесплатной правовой помощи.

 

5. Содержание договора о предоставлении правовой помощи не может противоречить Конституции и законам Украины, интересам государства и общества, его моральным принципам, присягу адвоката Украины и правилам адвокатской этики.13765 / 10000

АНГЛИЙСКИЙ

Article 22. Attorney-client privilege

 

1. Attorney's secret is any information that became known to the attorney, assistant attorney, trainee lawyer, the person who is in an employment relationship with the lawyer, the client, as well as the issues that the client (the person who was refused in conclusion of a contract on rendering legal assistance on statutory grounds) consulted a lawyer, law firm, bar Association, maintenance advice, consultation, explanation of a lawyer, compiled documents, information stored on electronic media, and other documents and information received by the lawyer during advocacy.

 

2. Information or documents may lose the status of advocate's secrecy upon the written request of the client (the person who was refused in conclusion of contract on providing legal assistance under this Act grounds). The information or documents obtained from third parties and contain information about them can be distributed subject to the requirements of the legislation on protection of personal data.

 

3. The obligation to preserve the attorney-client privilege applies to an attorney, his assistant, Intern and individuals who are in an employment relationship with a lawyer, law office, law firm, and the person in respect of which terminated or suspended the right to practice law. An attorney, attorney Bureau, attorney company shall provide the conditions excluding the access of third persons to attorney-client confidential information or disclosure.

 

4. In the case of the customer requirements to the lawyer in connection with an advocate, the lawyer is exempt from the obligation to maintain attorney-client privilege to the extent necessary to protect its rights and interests. In this case, the court, the authority responsible for disciplinary proceedings against a lawyer, other bodies or officers to consider the requirements of the client to the lawyer or who became aware of the submission of such requirements, shall take measures to prevent access by unauthorized persons to attorney-client confidential and its disclosure.

 

5. Those responsible for the access of third persons to attorney-client confidential or its disclosure, shall bear responsibility according to the law.

 

Article 23. Guarantees of advocacy

 

1. Professional rights, honour and dignity of the lawyer are guaranteed and protected by the Constitution of Ukraine, this Law and other laws, in particular:

 

1) prohibits any interference and obstacles to the practice of law;

 

2) it is prohibited to demand from the lawyer, his assistant, trainee, person, employed by a lawyer, law firms, bar associations, and also, in respect of which terminated or suspended the right to practice law, the provision of information that is attorney-client privilege. With these questions, these persons cannot be questioned, unless the person who entrusted the relevant information, has released these persons from the obligation to secrecy in the manner prescribed by law;

 

3) conduct against the attorney of investigative measures or investigative actions can be conducted only with the permission of the court, on the basis of a court decision at the request of the Prosecutor General of Ukraine, his deputies, the Prosecutor of the Autonomous Republic of Crimea, oblasts, cities of Kyiv and Sevastopol;

 

4) it is prohibited to inspection, disclosure, discovery, or seizure of documents related to the practice of law;

 

5) the lawyer shall be guaranteed equal rights with other participants in the proceedings, observance of the principles of competition and freedom to provide evidence and bringing their credibility;

 

6) life, health, honor and dignity of the lawyer and members of his family, their property is under protection of the state, and the attacks on them are punishable as provided by law;

 

7) an advocate is guaranteed the right to security during participation in criminal proceedings in the manner prescribed by law;

 

8) prohibits lawyer a confidential cooperation during carrying out quickly-search actions and investigative actions, if such cooperation would involve or could result in the disclosure of attorney-client privilege;

 

9) the interference in private communication between the lawyer and the client;

 

10) prohibited from making representations to the investigator, the Prosecutor, and the imposition of the private definition (decision) of the court about the legal position of counsel in the case;

 

11) it is forbidden to interfere in the legal position of the lawyer;

 

12) the authority or officer who arrested a lawyer or apply a measure shall immediately notify the appropriate Council of advocates of the region;

 

13) the notice to the attorney of a criminal offence can be done only by the Prosecutor General, his Deputy, Prosecutor of the Autonomous Republic of Crimea, oblasts, cities of Kyiv and Sevastopol;

 

14) do not bring to criminal or other liability of a lawyer (a person in respect of which terminated or suspended the right to practice law), or threaten to use liability in connection with the exercise of his legal practice in accordance with the law;

 

15) cannot be the basis for holding a lawyer accountable to his statements in the case, including those that reflect the client's position, statements in the media, if not violated the professional obligations of the lawyer;

 

16) prohibits the identification of the lawyer and the client;

 

17) disciplinary proceedings against a lawyer is in a special manner.

 

Features of carrying out certain investigative actions and measures to ensure criminal proceedings against the lawyer are determined by part two of this article.

 

2. In the case of conducting a search or inspection of the home or other possession of the attorney of the premises where he practices law, temporary access to things and documents of the lawyer, the investigating judge, the court, in its decision mandatory specifies the list of items, documents that you plan to find, identify or remove during carrying out investigative actions or applying measures to ensure criminal proceedings and also takes into account the requirements of paragraphs 2 to 4 of part one of this article.

 

During a search or inspection of the home or other possession of the attorney of the premises where he practices law, temporary access to objects and documents the lawyer needs to be a representative of the bar Council of the region, except for the cases stipulated by the fourth paragraph of this part. To ensure the participation of the official who will carry out an investigative action or applying measures to ensure criminal proceedings, shall notify about that the bar Council of the region at the venue of such action.

 

To ensure compliance with the requirements of the Law on attorney-client privilege during the conduct of these procedural acts, the representative of the Council of attorneys of the region have the right to ask questions, submit their comments and objections concerning the order of proceedings, which are specified in the Protocol.

 

The absence of the representative of the bar Council of the region, provided advance notification of the bar Council of the region shall not preclude the conduct of appropriate proceedings.

 

3. The bodies of state power, bodies of local self-government, their officials and officers of the relations with lawyers are required to adhere to the requirements of the Constitution of Ukraine and laws of Ukraine, Convention for the protection of human rights and fundamental freedoms of 1950 and protocols thereto agreed to be binding by the Verkhovna Rada of Ukraine, law of the European court of human rights.

 

Article 24. Attorney's request

 

1. Attorney's request - a written request from the lawyer to the state authority, body of local self-government, their officials and officers, enterprises, institutions and organizations regardless of ownership and subordination of public associations to provide information, copies of documents necessary for the lawyer to provide legal assistance to the client.

 

To the lawyer's request must be accompanied by attested by lawyer copy of the certificate of right to advocacy, orders or instructions of the body (institution) authorized by law to provide free legal assistance. To require counsel for the submission together with the attorney's request and warrant.

 

Attorney's request can not relate to providing advice and interpretations of legislation.

 

Providing lawyer information and copies of documents obtained in the course of the implementation of criminal proceedings, carried out in the procedure established by criminal procedural law.

 

2. Public authority, local government body, their official or officials, heads of enterprises, institutions, organizations, public associations, which directed attorney's request, are obliged not later than five working days from the date of receipt of the request to provide the lawyer with relevant information, copies of documents, except for information with restricted access and copies of the documents which contain information with restricted access.

 

If the attorney's request for the provision of a large volume of information or requires information search among a significant amount of data, the period of consideration of the lawyer's request can be extended up to twenty working days with substantiation of the reasons for such extension and the lawyer shall be notified in writing no later than five working days from the date of receipt of the lawyer's request.

 

In case of satisfaction of the lawyer's request involves making copies of documents of more than ten pages, the lawyer is obliged to reimburse the actual costs of copying and printing. The amount of these expenses may not exceed the maximum limits costs of copying and printing, established by the Cabinet of Ministers of Ukraine in accordance with the Law of Ukraine "On access to public information".

 

3. Failure in providing information on attorney's request, untimely or incomplete providing information, providing information that is untrue, entail the responsibility established by the law, except in cases of refusal in providing information with limited access.

 

Article 25. Providing a lawyer free legal aid

 

1. The procedure and conditions for the involvement of lawyers to provide free legal assistance shall be established by law.

 

2. Assessment of quality, completeness and timeliness of provision by attorneys of free primary legal aid is carried out by treatment of the bodies of local self-government, and the free secondary legal assistance - handling body (Agency) authorized by law to provide free legal assistance commissions established for that purpose by the bar councils of the regions.

 

Section IV

THE CONTRACT ON PROVIDING LEGAL ASSISTANCE

 

Article 26. Reasons for the advocacy

 

1. Advocacy is carried out on the basis of the contract on providing legal assistance.

 

The documents certifying powers of attorney for the legal assistance may include:

 

1) the Treaty on legal assistance;

 

2) the power of attorney;

 

3) a warrant;

 

4) instructions of the body (institution) authorized by law to provide free legal assistance.

 

2. Order - a written document in cases stipulated by this Law and other laws of Ukraine, certifying the powers of attorney on the provision of legal aid. A warrant is issued by a lawyer, law office or law firm and must contain the signature of the attorney. The Council of advocates of Ukraine approves the standard form of order.

 

3. Powers of the lawyer as counsel or representative in commercial, civil, administrative proceedings, criminal proceedings, cases on administrative offences, and also as a Commissioner on behalf of constitutional justice confirmed in the manner prescribed by law.

 

4. The lawyer is obliged to act within the powers granted to it by the client, including subject to the restrictions regarding the Commission of certain proceedings.

 

Article 27. Form and content of the contract on rendering legal assistance

 

1. The Treaty on legal assistance concluded in written form.

 

2. The contract on rendering legal assistance may be made verbally in the following cases:

 

1) verbal and written consultations, clarifications on legal issues and then write about it in a magazine and handing the customer with the document confirming payment of the fee (remuneration);

 

2) if the customer urgently requires the provision of legal aid and a written agreement for the specific circumstances is impossible - with the subsequent conclusion of the contract in written form within three days, and if there are objective obstacles in the nearest possible time.

 

3. Contract for the provision of legal assistance subject to the General requirements of contract law.

 

4. The contract for the provision of legal assistance might be in favor of the client by any other person that acts in his interests. Features of the conclusion and content of contracts (agreements) with lawyers who provide free legal aid, established by the law regulating the procedure for granting free legal aid.

 

5. The content of the contract on providing legal assistance may not contradict the Constitution and laws of Ukraine, interests of the state and of society, its moral principles, the oath of attorney of Ukraine and the rules of legal ethics.

 

Article 28. Grounds for refusal to conclude a contract on providing legal assistance

 

1. Lawyer, law firm or bar Association is prohibited to conclude a contract on providing legal assistance in the event of a conflict of interest.

 

An advocate shall be prohibited to conclude a contract on providing legal assistance and he is obliged to refuse the execution of a contract by a lawyer, law firm or bar Association, if:

 

1) the order to perform actions beyond the professional rights and responsibilities of a lawyer;

 

2) result which the client wants, or the means on which he insists, are illegal, contrary to the morals of society, the oath of advocate of Ukraine, rules of advocate's ethics;

 

3) the lawyer participated in the respective proceedings, and this is the basis for his removal in accordance with the procedural law;

 

4) execution of a contract for the provision of legal assistance may lead to disclosure of attorney-client privilege;

 

5) the lawyer is a family member or a close relative of the official who has taken or is taking part in the economic, civil, administrative proceedings, criminal proceedings, proceedings on administrative violations for which the lawyer would like to suggest the conclusion of the contract on providing legal assistance;

 

6) the performance of the contract may be contrary to the interests of the lawyer, members of his family or close relatives, attorneys or the bar Association, founder (member) of which he is the professional obligations of the lawyer, and if there are other circumstances that could give rise to conflicts of interests;

 

7) the lawyer renders legal assistance to another person, whose interests contradict the interests of the person seeking to conclude a contract on providing legal assistance.

 

2. In case of refusal from conclusion of the contract on providing legal assistance, the lawyer is obliged to maintain professional confidentiality of information which become known to the applicant with a proposal to conclude such contract.

 

Article 29. Of termination, of termination of the contract on providing legal assistance

 

1. The agreement on rendering legal assistance ceases its proper execution.

 

2. The contract for the provision of legal assistance may be terminated by mutual agreement of the parties or terminated at the request of one of the parties on the conditions stipulated in the contract. The client is obliged to pay to the lawyer (law firm, bar Association) of a fee (remuneration) for all the work that was performed if trained to perform and advocate (advocates ' Bureau, advocates) is bound (obliged) to notify the client about the possible consequences and risks associated with the early termination (termination).

 

Article 30. Fee

 

1. The fee is a form of compensation of attorney for the implementation of protection, representation and providing other legal assistance to the client.

 

2. The procedure for the calculation of the fee (fixed size, hourly), basis for changing the amount of the fee, the procedure for its payment, cancellation policy etc are defined in the contract on providing legal assistance.

 

3. When establishing the amount of the fee takes into account the complexity of the case, qualification and experience of the lawyer, client's financial condition and other relevant circumstances. The fee must be reasonable and take account of spent time.

 

Section V

SUSPENSION AND TERMINATION OF THE RIGHT TO PRACTICE LAW

 

Article 31. The suspension of the right to practice law

 

1. The right to practice law terminated if:

 

1) representation by counsel the application to suspend the activities of the bar;

 

2) the entry into force of a guilty verdict against the attorney for committing a crime, except as provided by paragraph 6 of article 32 of this Law;

 

3) imposition of lawyer disciplinary sanctions in the form of suspension of the right to practice law;

 

4) recognition of counsel by court decision incapable or partially capable.

 

2. The imposition of lawyer disciplinary sanctions in the form of suspension of the right to practice law can be applied only if:

 

1) is repeated within a year of committing disciplinary misconduct;

 

2) violation by the advocate of the requirements regarding incompatibility;

 

3) systematic or a single gross violation of the rules of legal ethics.

 

3. The right to practice law shall be suspended:

 

1) the grounds envisaged by paragraph 1 of this article, from the date of submission to the Council of attorneys of the region at the workplace of the lawyer of the relevant statements by the lawyer;

 

2) on the grounds provided for by paragraphs 2 and 4 of part one of this article, from the date of entry into force of the relevant court decision;

 

3) since, under paragraph 3 of this article, from the date of the adoption of the qualification and disciplinary Commission of the bar of the relevant decision.

 

Copy of the decision of qualification and disciplinary Commission of the bar under paragraph 3 of this part, within three days from the date of its adoption shall be sent to the attorney and the relevant Council of attorneys of the region. The decision of the qualification and disciplinary Commission of the bar on the suspension of the right to practice law may be appealed within thirty days from the date of its adoption to the High qualifications and disciplinary Commission of the bar or the court. Appeal such decision does not suspend its effect.

 

4. The right to practice law restored in case:

 

1) suspension of rights on the grounds specified in paragraph 1 of this article, from the day following the date of receipt by the Council of attorneys of the region statements by the lawyer about the restoration of the right to practice law;

 

2) suspension rights on the grounds specified in paragraph 2 of part one of this article - from the day following the day of receipt by the Council of attorneys of the region confirmation of the repayment or withdrawal in accordance with the law of criminal record;

 

3) suspending the right on the grounds, provided by paragraph 3 of this article, from the date of expiry of the term for which under the decision of the qualification and disciplinary Commission of the bar was suspended the right to practice law;

 

4) suspension of rights on the grounds specified in paragraph 4 of part one of this article, from the day following the date of receipt by the bar Council of the region of the relevant court decision.

 

In the case of suspension of the right to practice law since, under paragraph 3 of this article, this law also renews from the date of entry into force of the relevant court decision or from the date of adoption of the relevant decision of the Higher qualification and disciplinary Commission of the bar.

 

5. During the period of suspension of the right to practice law, the lawyer has no right to implement it. A lawyer also may not participate in the work of bodies of advocate self-government, except when such a right is stopped in connection with the appointment to the public authority by the Congress of advocates of Ukraine.

 

6. Information on the suspension of the right to practice law shall be entered in the Unified register of advocates of Ukraine.

 

Article 32. Termination of the right to practice law

 

1. The right to practice law shall be terminated by cancellation of the certificate of right to practice law in the following cases:

 

1) representation by counsel the alleged termination of the right to practice law;

 

2) recognition of a lawyer as missing or declaring him dead;

 

3) the death of the lawyer;

 

4) imposition of lawyer disciplinary sanctions in the form of deprivation of the right to practice law;

 

5) establishment of the fact of providing false information for obtaining a certificate of right to advocacy and the oath of attorney of Ukraine;

 

6) entry into legal force of a guilty verdict against the attorney for committing a grave, especially grave crimes and crimes of medium gravity, for which sentenced to imprisonment.

 

2. The imposition of lawyer disciplinary sanctions in the form of deprivation of the right to practice law can be applied only if:

 

1) violation of the oath of attorney of Ukraine;

 

2) the disclosure by a lawyer of information constituting advocates ' confidentiality, their use in the interests or in interests of third parties;

 

3) causing the illegal actions of the lawyer associated with the implementation of advocacy, considerable damage to the client if such damage is established by a court decision entered into legal force;

 

4) systematic or a single gross violation of the rules of legal ethics that undermines the credibility of advocacy of Ukraine.

 

3. The right to practice law shall be terminated:

 

1) the grounds envisaged by paragraph 1 of this article, from the date of submission to the Council of attorneys of the region at the workplace of the lawyer of the relevant statements by the lawyer;

 

2) on the grounds provided for by paragraphs 2 and 6 of part one of this article, from the date of entry into force of the relevant court decision;

 

3) on the grounds provided for by paragraphs 4 and 5 of this article, from the date of adoption of the qualification and disciplinary Commission of the bar of the relevant decision.

 

In the event of termination of the right to practice law on the grounds provided for by paragraphs 4 and 5 of this article, the copy of the decision of qualification and disciplinary Commission of the bar within three days from the date of its adoption shall be sent to the attorney and the relevant Council of attorneys of the region. The decision of the qualification and disciplinary Commission of the bar on termination of the right to practice law may be appealed within thirty days from the date of its adoption to the High qualifications and disciplinary Commission of the bar or the court. Appeal such decision does not suspend its effect.

 

4. The right to practice law terminated on the grounds provided for by paragraphs 4 and 5 of part one of this article, shall be renewed from the date of entry into force of the relevant court decision or from the date of adoption of the relevant decision of the Higher qualification and disciplinary Commission of the bar.

 

5. The termination of the right to practice law shall entail the termination of such activities and the right to participate in the work of the legal profession.

 

6. The person in respect of which the decision on termination of the right to practise as an advocate of the grounds provided for in paragraphs 4 and 5 of the first part of this article, may appeal to the qualification and disciplinary Commission of the bar with the application for admission to the qualification exam not earlier than two years from the date of the decision on the termination of the right to practice law, and on the grounds specified in paragraph 6 of part one of this article, - from the date of maturity or withdrawal as prescribed by law conviction, but not earlier than two years from the date of entry into force of a guilty verdict against the lawyer.

 

7. Data on termination of the right to practice law shall be entered in the Unified register of advocates of Ukraine.

 

Section VI

DISCIPLINARY LIABILITY OF ATTORNEY

 

Article 33. General conditions of disciplinary responsibility of a lawyer

 

1. A lawyer may be disciplined in the order of disciplinary proceedings on the grounds stipulated by this Law.

 

2. Disciplinary proceedings - procedure of consideration of the written complaint, which contains information about the presence in actions of the lawyer of signs of a disciplinary offense.

 

3. Disciplinary proceedings against a lawyer is the qualification and disciplinary Commission of advocacy at workplace lawyer listed in the Unified register of advocates of Ukraine.

 

Article 34. Grounds for bringing the advocate to disciplinary liability

 

1. Reason for bringing an advocate to disciplinary liability is the Commission of the disciplinary misconduct.

 

2. A disciplinary offence of a lawyer are:

 

1) violation of the requirements of incompatibility;

 

2) violation of the oath of attorney of Ukraine;

 

3) violation of the rules of advocate's ethics;

 

4) disclosure of attorney-client privilege or action that led to its disclosure;

 

5) failure to perform or improper performance of their professional duties;

 

6) failure to comply with decisions of bodies of bar self-government;

 

7) breach of other obligations of a lawyer under the law.

 

3. Is not a ground for bringing an advocate to disciplinary liability the court or other authority is not in favor of his client, cancellation or change of a judicial decision or decision of another body, rendered in the case in which the lawyer has carried out a protection mission or provide other types of legal assistance, if it was not committed disciplinary misconduct.

 

Article 35. The types of disciplinary penalties, the period of application of disciplinary sanctions

 

1. For committing disciplinary misconduct by the attorney may be applied to one of the following disciplinary sanctions:

 

1) a warning;

 

2) suspending the right to practice law for a period of one month to one year;

 

3) for lawyers of Ukraine - the deprivation of the right to advocacy with subsequent exclusion from the Unified register of advocates of Ukraine, and for the advocates of foreign States - the exclusion from the Unified register of advocates of Ukraine.

 

2. The lawyer can be disciplined within a year from the date of Commission of disciplinary misconduct.

 

Article 36. Initiation of the question of disciplinary liability of lawyer

 

1. The right to appeal the disciplinary Commission of the bar of the application (complaint) regarding the conduct of the lawyer which may be grounds for disciplinary action, is anyone aware of the facts of such behavior.

 

2. Not allowed abuse of the right to appeal the disciplinary Commission of the bar, including the initiation of the question of disciplinary liability of the lawyer without sufficient grounds and use of the said right as a means of pressure on counsel in connection with the exercise of his advocacy.

 

Disciplinary proceedings against a lawyer may be instituted upon application (complaint) does not contain information about the signs of disciplinary offence of a lawyer, and an anonymous statement (complaint).

 

Article 37. Stage of disciplinary proceedings

 

1. The disciplinary procedure comprises the following steps:

 

1) verification of information on disciplinary misconduct of a lawyer;

 

2) initiation of the disciplinary case;

 

3) consideration of a disciplinary case;

 

4) the decision in a disciplinary case.

 

Article 38. Check the information about the disciplinary misconduct of a lawyer

 

1. The application (complaint) about the conduct of counsel, which may be the result of his disciplinary responsibility, registered qualification and disciplinary Commission of the bar and not later than three days from the date of its receipt is transmitted to the disciplinary chamber.

 

2. Member of the disciplinary chamber qualifications and disciplinary Commission of advocacy on behalf of the President of the chamber shall verify the information contained in the application (complaint) and appeals to counsel to receive written explanations on the merits of the issues.

 

During the inspection a member of the disciplinary chamber of the qualification disciplinary Commission of the bar has the right to interview persons who know the circumstances of the act that has signs of a disciplinary offense, receive a written request from state bodies and bodies of local self-government, their officials and officers, managers of enterprises, institutions, organizations regardless of forms of ownership and subordination, public associations, individuals necessary to conduct the verification information, with the exception of restricted access information.

 

Public authority, local government body, their official or officials, heads of enterprises, institutions, organizations, public associations, individuals who sent the request of a member of the disciplinary chamber of the qualification disciplinary Commission of the bar, are obliged not later than ten working days from the date of receipt of the request to provide relevant information, copies of documents.

 

Refusal to provide information on request of a member of the disciplinary chamber of the qualification disciplinary Commission of the bar, late or incomplete providing information, providing information that is untrue, entail the liability provided for by law.

 

The results of verification of information a member of the disciplinary chamber of the qualification disciplinary Commission of the bar is a certificate which shall contain a statement of the circumstances revealed during check, the conclusions and suggestions regarding the existence of grounds for initiating disciplinary cases.

 

3. The application (complaint) about the disciplinary misconduct attorney, help, and all materials of check are sent to the disciplinary chamber of the qualification disciplinary Commission of the bar.

 

Article 39. Initiation of disciplinary cases

 

1. By results of consideration of statements (complaints) about the disciplinary misconduct of counsel, certificates and material verification, the disciplinary chamber of the qualification disciplinary Commission of the bar by a majority of votes of members participating in its meeting, decides on the initiation or refusal to initiate disciplinary proceedings against the lawyer.

 

2. The decision to initiate disciplinary proceedings with the definition of the place, day and time of its consideration or on refusal in initiation of a disciplinary case shall be sent or handed against receipt to the lawyer and the person who initiated the issue of disciplinary responsibility of the lawyer within three days from the date of such decision. Before the decision on the disciplinary case, which is sent or delivered to counsel attached a certificate of a member of the disciplinary chamber of the qualification disciplinary Commission of the bar, based on the results of the check.

 

3. The decision to initiate disciplinary proceedings or refusal to initiate disciplinary proceedings may be appealed within thirty days from the date of its adoption to the High qualifications and disciplinary Commission of the bar or the court.

 

Article 40. A disciplinary hearing

 

1. Disciplinary proceedings against a lawyer is considered by the disciplinary chamber of qualification and disciplinary Commission of the bar within thirty days from the date of its initiation.

 

2. A disciplinary hearing is adversarial. During the proceedings, the disciplinary chamber shall hear the message of the member of the disciplinary chamber, which carried out the inspection, the results of the inspection, the explanations of the lawyer against whom disciplinary proceedings are instituted, the person who initiated the issue of disciplinary responsibility of the lawyer, and explanations of other stakeholders.

 

The lawyer against whom the disciplinary case is brought, and the person who initiated the issue of disciplinary responsibility of the lawyer have the right to provide explanations, ask questions to the participants in the proceedings, to raise objections, present evidence in support of their arguments, to declare petitions and taps, to use legal counsel.

 

In case of impossibility for good reasons to participate in the meeting of the qualification and disciplinary Commission of the bar counsel, in respect of which the case under consideration, can provide on the merits of the issues written explanations, which are attached to case materials. Written arguments of counsel are voiced on the session of the disciplinary chamber of the qualification disciplinary Commission of the bar.

 

The absence of a lawyer or the person who initiated the disciplinary responsibility of the lawyer to a meeting of the disciplinary chamber of the qualification disciplinary Commission of the bar without a valid reason, subject to the availability of evidence advance notification of these persons about the place, day and time of the session shall not impede consideration of the disciplinary case. In the case of repeated absence of these persons to the meeting chamber of the trial is carried out in their absence regardless of the reason for non-attendance.

 

3. Proceedings on disciplinary liability of lawyer is open, unless open proceedings may lead to disclosure of attorney-client privilege.

 

4. During the session of the disciplinary chamber of the qualification disciplinary Commission of the bar shall be kept, signed by the Chairman and the Secretary of the meeting.

 

Article 41. A decision in a disciplinary case

 

1. According to the results of the disciplinary hearing, the disciplinary chamber of the qualification disciplinary Commission of the bar decides to bring an advocate to disciplinary liability for committing a disciplinary misconduct and subjected to disciplinary sanctions or the termination of the disciplinary case. The decision of the disciplinary chamber shall be adopted by majority of votes of the total composition, except for the decision on the termination of the right to practice law, which shall require a two-thirds vote of the total membership.

 

The decision in a disciplinary case must be reasoned. During the election of a disciplinary sanction takes into account the circumstances of the offence, its consequences, the face of the lawyer and other circumstances.

 

2. The decision in a disciplinary case is accepted in the absence of a lawyer against whom disciplinary proceedings are initiated, and the person who initiated the question on the disciplinary responsibility of lawyer.

 

Member of the disciplinary chamber of the qualification disciplinary Commission of the bar, which carried out the inspection information about the disciplinary offence of a lawyer is not involved in the vote.

 

3. The decision shall be announced at the session of the disciplinary chamber of the qualification disciplinary Commission of the bar. A copy of the decision is sent or delivered against receipt to the lawyer and the person who initiated the issue of disciplinary responsibility of the lawyer within three working days from the date of the decision.

 

Article 42. Appeal against the decision on disciplinary case

 

The lawyer or the person who has raised the issue of disciplinary liability of an advocate has the right to appeal the decision in a disciplinary case within thirty days from the date of its adoption to the High qualifications and disciplinary Commission of the bar or the court. Appeal of the decision does not suspend its effect.

2. The higher qualification and disciplinary Commission of the bar within ten days from the date of receipt of the application (complaint) seeks the materials of the disciplinary case in the respective qualification and disciplinary Commission of the bar and provides a complaint against a decision on a disciplinary case within thirty days from the day of receiving the materials of the disciplinary case.

 

Section VII

PROFESSION

 

Article 43. The basics of the profession

 

1. Advocates ' self-government is based on the principles of selectivity, transparency, mandatory for execution by the advocates of decisions of bodies of bar self-government, accountability, prohibition of intervention of bodies of advocate self-government in the professional activity of a lawyer.

 

2. To participate in the work of advocate self-government bodies and be elected in their composition can only lawyers of Ukraine.

 

Article 44. The task of the profession

 

1. Tasks of advocates ' self-government:

 

1) ensuring the independence of lawyers, protection from interference in the practice of law;

 

2) maintaining high professional level of the lawyers;

 

3) the creation and maintenance of the qualification and disciplinary commissions of the bar;

 

4) creation of favorable conditions for advocacy;

 

5) ensuring openness of information about the legal profession and legal practice;

 

6) ensuring the maintenance of a Single register of advocates of Ukraine;

 

7) participation in formation of the High Council of justice in the manner determined by law.

 

Article 45. The national Association of advocates of Ukraine

 

1. The national Association of advocates of Ukraine is a non-profit professional organization that brings together all lawyers of Ukraine and is formed to ensure the implementation of the tasks of advocates ' self-government.

 

2. The national Association of advocates of Ukraine:

 

1) represents the bar of Ukraine in relations with bodies of state power, bodies of local self-government, their officials and service persons, enterprises, institutions, organizations regardless form of ownership, public associations and international organizations, delegate representatives to the bodies of state power;

 

2) protects the professional rights of lawyers and guarantees of advocacy;

 

3) ensure the high professional level of lawyers of Ukraine;

 

4) ensure access to and transparency of information in respect of advocates of Ukraine;

 

5) performs other functions in accordance with this Law.

 

3. The national Association of advocates of Ukraine is a legal entity and operates through the organizational forms of advocates ' self-government, stipulated by this Law.

 

4. The national Association of advocates of Ukraine shall be formed by the Congress of advocates of Ukraine and cannot be reorganized. The elimination of the National Association of attorneys of Ukraine may be effected only on the basis of the law.

 

5. The Charter of the National Association of advocates of Ukraine approved by the Congress of advocates of Ukraine and is its founding document.

 

6. From the moment of state registration of the National Association of advocates of Ukraine its members are all persons having a certificate of right to advocacy. Other persons become members of the National Association of advocates of Ukraine from the moment of taking the oath of attorney of Ukraine.

 

Article 46. The organizational forms of advocates ' self-government

 

1. Organizational forms of advocates ' self-government is the conference of attorneys of the region (the Autonomous Republic of Crimea, oblasts, city of Kyiv, city of Sevastopol), the Council of advocates of the region (the Autonomous Republic of Crimea, oblasts, city of Kyiv, city of Sevastopol), the Council of attorneys of Ukraine, Congress of attorneys of Ukraine.

 

2. Advocates ' self-government is carried out through the work of the conferences of attorneys of the region (the Autonomous Republic of Crimea, oblasts, city of Kyiv, city of Sevastopol), the bar councils of the region (the Autonomous Republic of Crimea, oblasts, city of Kyiv, city of Sevastopol), qualification and disciplinary commissions of the bar (of the Autonomous Republic of Crimea, oblasts, city of Kyiv, city of Sevastopol), the Higher qualification and disciplinary Commission of the bar, the audit committees of attorneys of the regions (the Autonomous Republic of Crimea, oblasts, city of Kyiv, city of Sevastopol), the Supreme audit Commission of the bar, Council of attorneys of Ukraine, Congress of attorneys of Ukraine.

 

Article 47. The conference of attorneys of the region

 

1. The highest body of advocates ' self-government in the Autonomous Republic of Crimea, oblasts, cities of Kyiv and Sevastopol is the conference of attorneys of the region, the address of the workplace which is respectively in the Autonomous Republic of Crimea, oblasts, cities of Kyiv and Sevastopol, and the information about which is included in the Unified register of advocates of Ukraine.

 

The representation quota, the procedure for the nomination and election of delegates to conference of attorneys of the region shall be approved by the Council of lawyers of Ukraine.

 

2. The conference of attorneys of the region shall be convened by the bar Council of the region at least once a year. A conference may be convened upon proposal by not less than one-tenth of the total number of lawyers in the region, address, workplace which is in the relevant region, or of the bar Council of Ukraine.

 

If the bar Council of the region shall convene the conference within thirty days from the date of receipt of the proposal on its convocation, the lawyers who signed this proposal, the Council of advocates of Ukraine accepted the decision on creation of the organizing Bureau for the convocation of the conference of attorneys of the region. Organizational Bureau has the authority of the Board of advocates of the region regarding the convening and conduct of the conference and identifies the person who presides at a meeting of the conference.

 

3. On the day, time and place of the beginning of work of the conference of attorneys of the region and the issues that contribute to its discussion, the lawyers reported not later than fifteen days before the start of the conference.

 

4. The conference of attorneys of the region shall be deemed competent if in its work take part more than half of the delegates.

 

5. The authority of the conference of attorneys of the region include:

 

1) election of the Chairman and members of the Board of advocates of the region, early withdrawal from their posts;

 

2) election of delegates to the Congress of advocates of Ukraine;

 

3) the election of the representative lawyers of the region, the Council of advocates of Ukraine and the Higher qualification and disciplinary Commission of the bar, their early recall from office;

 

4) determination of the number of members of the qualification and disciplinary chambers of the qualification and disciplinary Commission of the bar, election of the Chairman and members of the qualification and disciplinary Commission of the bar, their early recall from office;

 

5) election of the Chairman and the members of the audit Committee of advocates of the region, early withdrawal from their posts;

 

6) approval of the staffing and budget of the Council of attorneys of the region qualification and disciplinary Commission of the bar;

 

7) consideration and adoption of the report of the Board of advocates of the region qualification and disciplinary Commission of the bar Association, opinions of the auditing Commission of advocates of the region, representatives of the lawyers in the region as part of the Higher qualification and disciplinary Commission of the bar and the bar Council of Ukraine;

 

8) adoption of other decisions in accordance with this Law.

 

6. The conference of attorneys of the region shall take decisions by voting

 

majority of votes of the delegates who take part in its work.

Article 48. The bar Council of the region

 

1. In the period between the conferences of attorneys of the region as the lawyer self-government in the region performed by the Board of advocates of the region.

 

The bar Council of the region controlled by and accountable to the conference of attorneys of the region.

 

2. The Chairman and members of the bar Council of the region elected by the conference of attorneys of the region from among the lawyers, the experience of advocacy is not less than five years and address of work place of which is located respectively in the Autonomous Republic of Crimea, oblasts, city of Kyiv, city of Sevastopol and the information about which is included in the Unified register of advocates of Ukraine, for a period of five years. The same person cannot be Chairman or a member of the bar Council of the region for more than two consecutive terms. The number of members of the bar Council of the region is determined by the conference of attorneys of the region.

 

3. At the first meeting of the members of the Board of advocates of the region on the proposal of the Chairman of the Board shall elect from its membership a Vice-Chairperson and Secretary of the Council.

 

The Chairman, Vice-Chairman, Secretary, member of the Board of advocates of the region cannot be part of the qualification and disciplinary Commission of the bar, the Higher qualification and disciplinary Commission of the bar, the auditing Commission of advocates of the region, Supreme audit Commission of the bar, the bar Council of Ukraine, Commission for the evaluation of quality, completeness and timeliness of provision by attorneys of free legal aid.

 

The Chairman, Vice-Chairman, Secretary, member of the Board of advocates of the region can be prematurely removed from office by the body of lawyer self-government which they were elected.

 

4. The bar Council of the region:

 

1) represents lawyers in the region;

 

2) sets the agenda, convenes and provides the conference of attorneys of the region;

 

3) the decisions of the conference of attorneys of the region, exercise control over their implementation;

 

4) provide informational and methodological support of advocates of the region, contributes to the increase of their qualification;

 

5) take the oath of attorney of Ukraine;

 

6) designates the representatives of the legal profession in the composition of the tender Commission on selection of lawyers to provide free secondary legal aid;

 

7) assists in the provision of guarantees of advocacy, protection of professional and social rights of attorneys;

 

8) administer funds and property in accordance with the approved estimates;

 

9) ensure in the established order of inclusion in the Unified register of advocates of Ukraine;

 

10) form a Commission for assessing the quality, completeness and timeliness of provision by attorneys of free legal aid;

 

11) performs other functions in accordance with this Law, decisions of the conference of attorneys of the region, the Council of attorneys of Ukraine, Congress of attorneys of Ukraine.

 

5. Meeting of the Council of attorneys of the region shall be deemed competent if in its work take part more than half of its members. The Council of attorneys of the region shall take decisions by a majority vote of the total number of its members.

 

6. The Chairman, Deputy Chairman, Secretary of the bar Council of the region may receive remuneration for their work, size and order of payment of which are established by the conference of attorneys of the region.

 

7. The bar Council of the region is a legal entity. Powers and procedure of work of the Council of attorneys of the region defined by this Law and the regulations on the Board of advocates of the region.

 

8. The founding document of the Council of attorneys of the region is the position of the bar Council of the region approved by the Council of lawyers of Ukraine.

 

Article 49. Chairman of the Board of advocates of the region

 

1. Chairman of the Board of attorneys of the region shall represent the Board in public authorities, local government bodies, enterprises, institutions, organizations, to the citizens.

 

2. Chairman of the Board of advocates of the region provides for convening and holding meetings of the Board of advocates of the region, organizes and ensures the keeping of the Council of advocates of the region, performs other actions stipulated by the regulations on the Board of advocates of the region, the decisions of the conference of attorneys of the region, the bar Council of the region, the Council of attorneys of Ukraine, Congress of attorneys of Ukraine.

 

3. The Chairman of the bar Council of the region may receive remuneration for work in the amount established by the conference of attorneys of the region.

 

Article 50. Qualification and disciplinary Commission of the bar

 

1. Qualification and disciplinary Commission of the bar is formed with the purpose of definition of level of professional training of persons who expressed intention to obtain the right to practice law, and the decision on disciplinary responsibility of advocates.

 

Qualification and disciplinary Commission of the bar under the supervision of and accountable to the conference of attorneys of the region.

 

2. The Chairman and members of the qualification and disciplinary Commission of the bar shall be elected by the conference of attorneys of the region from among the lawyers, the experience of advocacy is not less than five years and address of work place of which is located respectively in the Autonomous Republic of Crimea, oblasts, city of Kyiv, city of Sevastopol and the information about which is included in the Unified register of advocates of Ukraine, for a period of five years. The same person cannot be Chairman or member of the qualification disciplinary Commission of the bar more than two consecutive terms.

 

Chairman of the qualification and disciplinary Commission of the bar Association organizes and provides record keeping qualification and disciplinary Commission of the bar.

 

Chairman, member of the qualification disciplinary Commission of the bar may be prematurely removed from office by decision of the conference of attorneys of the region which elected him to the post.

 

3. Qualification and disciplinary Commission of the bar shall consist of the qualification and disciplinary chambers. Qualification chamber shall be composed of not more than nine members, disciplinary - not more than eleven members of the house.

 

Qualification and disciplinary Commission of the bar shall be deemed competent provided the election of at least two thirds of the numerical strength of each of its chambers approved by the conference of attorneys of the region.

 

Each chamber at its first meeting, by a majority vote of the total number of members of the chamber shall elect from among the members of the chamber of the Chairman and Secretary of the chamber. The President of the chamber shall be ex officio Deputy Chairman of the qualification and disciplinary Commission of the bar.

 

President of the chamber, Secretary of the chamber decision of the chamber may be prematurely removed from office.

 

4. The Chairman, Deputy Chairman, Secretary of the chamber of Commerce, member of the qualification disciplinary Commission of the bar may not simultaneously be members of the Higher qualification and disciplinary Commission of the bar, the auditing Commission of advocates of the region, Supreme audit Commission of the bar, the bar Council of the region of the bar Council of Ukraine, Commission for the evaluation of quality, completeness and timeliness of provision by attorneys of free legal aid.

 

5. The powers of the qualification and disciplinary Commission of the bar include:

 

1) the organization and conduct of qualification examinations;

 

2) making decisions on the issuance of the certificate of qualification exam;

 

3) adoption of decisions on suspension or termination of right to practice law;

 

4) implementation of disciplinary proceedings against lawyers;

 

5) the decision of other questions carried to powers of the qualification and disciplinary Commission of the bar by this Law, decisions of the conference of attorneys of the region, the Higher qualification and disciplinary Commission of the bar, Council of attorneys of Ukraine, Congress of attorneys of Ukraine.

 

In under this Law the powers of the qualification and disciplinary Commission of the bar carries her qualification or the disciplinary chamber.

 

6. Meeting of the qualification and disciplinary Commission of the bar shall be deemed competent if attended by more than half of the members of the chambers. The meeting of the chamber are considered competent if attended by more than half of its members.

 

7. The decision of the qualification and disciplinary Commission of the bar shall be made by a majority vote of the total number of members of his chambers. The decision of the chamber shall be made by a majority vote of the total number of its members, except in cases stipulated by this Law.

 

8. The decision of the qualification and disciplinary Commission of the bar may be appealed within thirty days from the date of its adoption to the High qualifications and disciplinary Commission of the bar or the court.

 

9. The Chairman, Deputy Chairman, Secretary of Commerce and members of the qualification and disciplinary Commission of the bar may receive remuneration for their work, size and order of payment of which are established by the conference of attorneys of the region.

 

10. Qualification and disciplinary Commission of the bar is a legal entity and operates in accordance with this Law, other laws of Ukraine and regulations on the qualification and disciplinary Commission of the bar.

 

11. The founding document of the qualification and disciplinary Commission of the bar is the regulation on qualification and disciplinary Commission of the bar approved by the Council of lawyers of Ukraine.

 

Article 51. The audit Commission of lawyers in the region

 

1. To exercise control over financial and economic activities of the bar Council of the region and the qualification and disciplinary Commission of the bar and formed a Commission on audit attorneys in the region.

 

The audit Commission of advocates of the region controlled by and accountable to the conference of attorneys of the region.

2. The Chairman and the members of the audit Committee of attorneys of the region shall be elected by the conference of attorneys of the region from among the lawyers, the experience of advocacy is not less than five years and address of work place which is located in the Autonomous Republic of Crimea, oblasts, cities of Kyiv and Sevastopol, and the information about which is included in the Unified register of advocates of Ukraine, for a period of five years. The number of members of the audit Committee of advocates of the region is determined by the conference of attorneys of the region.

 

Chairman, member of the audit Commission of lawyers in the region may be prematurely removed from office by decision of the conference of attorneys of the region which elected them to office.

 

Chairman, member of the audit Commission of advocates of the region cannot be part of the Higher audit Commission of the bar, the qualification and disciplinary Commission of the bar, the Higher qualification and disciplinary Commission of the bar, the bar Council of the region of the bar Council of Ukraine, Commission on evaluation of quality, completeness and timeliness of provision by attorneys of free legal aid.

 

3. By results of checks the audit Commission of advocates of the region is the conclusions that submits for consideration and adoption by the conference of attorneys of the region. The audit Commission of lawyers in the region may present the results of the audits to the Board of advocates of Ukraine and the Congress of attorneys of Ukraine.

 

Article 52. The higher qualification and disciplinary Commission of the bar

 

1. The higher qualification and disciplinary Commission of the bar is a collegial body whose task is to examine complaints against decisions, actions or omissions of the qualification and disciplinary commissions of the bar.

 

The higher qualification and disciplinary Commission of the bar controlled by and accountable to the Congress of advocates of Ukraine and Council of advocates of Ukraine.

 

2. Part of the Higher qualification and disciplinary Commission of the bar is composed of thirty members, experience of advocacy is not less than five years: one representative from each region elected by the conference of attorneys of the region, the Chairman and two Deputy chairmen elected by voting of the Congress of advocates of Ukraine. Secretary of the Higher qualification and disciplinary Commission of the bar shall be elected by the members of the Commission by a vote of the members of the Higher qualification and disciplinary Commission of the bar.

 

The higher qualification and disciplinary Commission of the bar shall be deemed competent, provided the election of at least two thirds of its members.

 

3. The term of office of the Chairman, Vice-chairmen, Secretary and members the Higher qualification and disciplinary Commission of the bar is five years. The same person cannot be Chairman, Deputy Chairman, Secretary or a member of the Higher qualification and disciplinary Commission of the bar more than two consecutive terms.

 

The Chairman, Vice-Chairman, Secretary, member of the High qualifications and disciplinary Commission of the bar may be early recalled from office by the body of lawyer self-government, which chose them for the position.

 

The Chairman, Vice-Chairman, Secretary, member of the High qualifications and disciplinary Commission of the bar can't be part of the qualification and disciplinary Commission of the bar, the auditing Commission of advocates of the region, Supreme audit Commission of the bar, the bar Council of the region of the bar Council of Ukraine, Commission for the evaluation of quality, completeness and timeliness of provision by attorneys of free legal aid.

 

4. The higher qualification and disciplinary Commission of the bar:

 

1) consider complaints against decisions, actions or omissions of the qualification and disciplinary commissions of the bar;

 

2) summarize the disciplinary practice of the qualification and disciplinary commissions of the bar;

 

3) performs other functions in accordance with this Law.

 

5. The higher qualification and disciplinary Commission of the bar according to the results of consideration of an appeal against a decision, actions or inactivity of the qualification and disciplinary Commission of the bar shall be entitled to:

 

1) leave the complaint unsatisfied, and the decision of the qualification and disciplinary Commission of the bar unchanged.

 

2) change the assessment of quality, completeness and timeliness of provision by attorneys of free legal aid.

 

3. By results of checks the audit Commission of advocates of the region is the conclusions that submits for consideration and adoption by the conference of attorneys of the region. The audit Commission of lawyers in the region may present the results of the audits to the Board of advocates of Ukraine and the Congress of attorneys of Ukraine.

 

Article 52. The higher qualification and disciplinary Commission of the bar

1. The higher qualification and disciplinary Commission of the bar is a collegial body whose task is to examine complaints against decisions, actions or omissions of the qualification and disciplinary commissions of the bar

The higher qualification and disciplinary Commission of the bar controlled by and accountable to the Congress of advocates of Ukraine and Council of advocates of Ukraine.

2. Part of the Higher qualification and disciplinary Commission of the bar is composed of thirty members, experience of advocacy is not less than five years: one representative from each region elected by the conference of attorneys of the region, the Chairman and two Deputy chairmen elected by voting of the Congress of advocates of Ukraine. Secretary of the Higher qualification and disciplinary Commission of the bar shall be elected by the members of the Commission by a vote of the members of the Higher qualification and disciplinary Commission of the bar.

The higher qualification and disciplinary Commission of the bar shall be deemed competent, provided the election of at least two thirds of its members.

3. The term of office of the Chairman, Vice-chairmen, Secretary and members the Higher qualification and disciplinary Commission of the bar is five years. The same person cannot be Chairman, Deputy Chairman, Secretary or a member of the Higher qualification and disciplinary Commission of the bar more than two consecutive terms.

The Chairman, Vice-Chairman, Secretary, member of the High qualifications and disciplinary Commission of the bar may be early recalled from office by the body of lawyer self-government, which chose them for the position.

The Chairman, Vice-Chairman, Secretary, member of the High qualifications and disciplinary Commission of the bar can't be part of the qualification and disciplinary Commission of the bar, the auditing Commission of advocates of the region, Supreme audit Commission of the bar, the bar Council of the region of the bar Council of Ukraine, Commission for the evaluation of quality, completeness and timeliness of provision by attorneys of free legal aid.

4. The higher qualification and disciplinary Commission of the bar:

1) consider complaints against decisions, actions or omissions of the qualification and disciplinary commissions of the bar;

2) summarize the disciplinary practice of the qualification and disciplinary commissions of the bar;

3) performs other functions in accordance with this Law.

5. The higher qualification and disciplinary Commission of the bar according to the results of consideration of an appeal against a decision, actions or inactivity of the qualification and disciplinary Commission of the bar shall be entitled to:

1) leave the complaint unsatisfied, and the decision of the qualification and disciplinary Commission of the bar unchanged.

2) change the decision of the qualification and disciplinary Commission of the bar;

3) to cancel the decision of the qualification and disciplinary Commission of the bar and make a new decision;

4) refer the case for further consideration in the respective qualification and disciplinary Commission of the bar and oblige the qualification and disciplinary Commission of the bar to perform certain actions.

6. A meeting of the Higher qualification and disciplinary Commission of the bar shall be deemed competent if attended by more than half of the total number of members of the Commission. The decision of the Higher qualification and disciplinary Commission of the bar are taken by a majority vote of the total number of members of the Commission.

7. The decision of the Higher qualification and disciplinary Commission of the bar may be appealed in court within thirty days from the date of its adoption.

8. Chairman of the Higher qualification and disciplinary Commission of the bar represents the High qualification and disciplinary Commission of the bar in the bodies of state power, bodies of local self-government, enterprises, institutions, organizations, to the citizens.

Chairman of the Higher qualification and disciplinary Commission of the bar provides for the convening and holding of meetings of the Higher qualification and disciplinary Commission of the bar, distributes duties between his deputies, organizes, and provides record keeping at the Higher qualification and disciplinary Commission of the bar Association, administers the funds and property of the Higher qualification and disciplinary Commission of the bar in accordance with the approved budget, performs other actions stipulated by this Law, the regulation on the Higher qualification and disciplinary Commission of the bar, decisions of the Council of advocates of Ukraine and the Congress of attorneys of Ukraine.

Chairman of the Higher qualification and disciplinary Commission of the bar may receive remuneration in the amount established by the Congress of advocates of Ukraine and Council of advocates of Ukraine.

9. The higher qualification and disciplinary Commission of the bar is a legal entity and operates in accordance with this Law, other laws of Ukraine and regulations of the Higher qualification and disciplinary Commission of the bar.

10. The founding document of the Higher qualification and disciplinary Commission of the bar is the position of the Higher qualification and disciplinary Commission of the bar approved by the Congress of attorneys of Ukraine.