THE LAW OF UKRAINE
“ON THE BAR”
Vidomosti Verkhovnoi Rady (VVR), 1993, No 9, p. 62
enacted by Resolution of the Verkhovna Rada No 2888-XII (2888-12) of 19 December 1992,VVR, 1993, No 9, p. 63
[As amended by Laws No 2921-III (2921-14) of 10.01.2002, VVR, 2002, No 16, p.114
No 3047-III ( 3047-14 ) of 07.02.2002, VVR, 2002, No 29, p.194
No 1130-IV ( 1130-15 ) of 11.07.2003, VVR, 2004, No 8, p.66
No 3108-IV ( 3108-15 ) of 17.11.2005, VVR, 2006, No 1, p.18
No 355-V ( 355-16 ) of 16.11.2006, VVR, 2007, No 2, p.12]
Article 1. The Bar of Ukraine and its Objectives
The Bar of Ukraine is a voluntary professional public association called upon, pursuant to the Constitution of Ukraine, to promote defence of rights and freedoms, to represent lawful interests of citizens of Ukraine, foreign citizens, stateless persons, legal entities and to render them other legal assistance.
Article 2. An Advocate
Any person, who has higher legal education certified by a diploma of Ukraine or a diploma of another state in conformity with international treaties of Ukraine, work experience in the sphere of law of not less than two years, a command of the state language, who has passed qualifying examinations, has received a certificate entitling him/her to engage in advocacy in Ukraine and has taken the Oath of an Advocate of Ukraine, can be an advocate.
[Part one of Article 2 in the wording of Law No 355-V (355-16) of 16.11.2006]
An advocate shall not work in a court, prosecution office, as a state notary, in bodies of internal affairs, security service, state administration. A person who has a criminal record shall not be an advocate.
Article 3. Legal Regulation of Advocacy
The advocacy is regulated by the Constitution of Ukraine, this Law, other legislative acts of Ukraine and statutes of advocates’ associations.
Article 4. Principles and Organisational Forms of the Bar
The Bar of Ukraine exercises its activity on the principles of the rule of law, independence, democracy, humanism and confidentiality. An advocate has the right to engage in advocacy on his/her own, open his/her own advocate’s bureau, practice in partnership with other advocates in colleges, law firms, offices and other advocates’ associations, acting in compliance with this Law and advocates’ associations statutes.
Advocates’ associations act on the principles of voluntariness, self-government, collective decision-making and transparency. Advocates’ associations shall be registered by the Ministry of Justice of Ukraine pursuant to the procedure determined by the Cabinet of Ministers of Ukraine.
Advocates’ associations shall notify in writing local authorities of their registration, and sole advocates – of obtaining certificates entitling them to engage in advocacy.
The procedure for the establishment, activity, reorganisation and liquidation of advocates’ associations, their structure, staff, functions, the procedure for spending their funds, rights and duties of the managing bodies, the procedure for their election and other issues pertaining to their activity shall be regulated by the statute of the respective association.
Advocates' bureaus, colleges, law firms, offices and other advocates’ associations are legal entities. Advocates and advocates’ associations open current and deposit accounts in banks in the territory of Ukraine and in conformity with the procedure provided for by the legislation in force – also in foreign banks, they shall have a stamp and seal with their name.
[Part five of Article 4 as amended by Law No 2921-III (2921-14) of 10.01.2002]
Article 5. Types of Advocates’ Activity
Advocates give legal advice and provide elucidation on legal issues, verbal and written surveys of legislation, draft applications, complaints and other documents of legal nature, certify copies of documents in the cases they undertake proceedings of; act as representatives before courts, other state authorities, citizens and legal entities; render legal assistance to enterprises, institutions and organisations, provide legal support for entrepreneurial and foreign economic activity of citizens and legal entities, fulfil their duties in compliance with the criminal procedure legislation in the process of inquiry and pre-trial investigation.
An advocate may also render legal assistance of other types provided for by the legislation.
Article 6. Advocate’s Professional Rights
In the exercise of their professional activity, advocates shall be entitled to:
- represent and defend rights and interests of citizens and legal entities as authorised by their power of attorney in all bodies, enterprises, institutions and organisations that are competent to resolve relevant issues;
- collect information on the facts that may be used as evidence in civil, commercial and criminal cases and cases of administrative offences, in particular:
- demand and obtain documents or copies thereof from enterprises, institutions, organisations, associations and from citizens – upon their consent;
- be apprised, at enterprises, institutions and organisations, of the documents and materials required for the fulfilment of their mission, save for those the confidentiality of which shall be protected by law;
- obtain experts’ written opinions on the issues that require their expertise, examine citizens
[Indent six of Article 6 as amended by Law No 1130-IV (1130-15) of 11.07.2003];
- apply scientific and technical means pursuant to the legislation in force;
- present petitions and complaints to officials and obtain their written motivated responses to the petitions and complaints pursuant to law;
- be present during examination of their petitions and complaints at meetings of collegial bodies and give explanations as to the merits of the petitions and complaints;
- perform other actions provided for by the legislation.
Article 7. Advocate’s Duties
In the exercise of his/her professional duties an advocate is obliged to undeviatingly comply with the requirements of the legislation in force, apply all the remedies provided for by law for the protection of lawful interests of citizens and legal entities and has no right to exercise his/her authority to the detriment of the person in the interests thereof he/she accepted the power of attorney. Neither has he/she the right to withdraw from the defence of a suspect, accused or defendant he/she has committed himself/herself to defend.
An advocate has no right to accept a power of attorney authorising him/her to render legal assistance in cases where he/she is rendering assistance or used to render legal assistance to persons whose interests conflict with the interests of the person who applied with a request to undertake proceedings in the case or where he/she participated in the case as an investigator, inquirer, prosecutor, judge, secretary of the court hearing, expert, specialist, victim’s representative, civil plaintiff, civil respondent, witness, interpreter, in cases where he/she is a relative of the inquirer, investigator, prosecutor, any member of the court, victim, civil plaintiff and also in other cases provided for by Article 61 of the Criminal Procedure Code of Ukraine.
[ Part two of Article 7 in the wording of Law No 1130-IV (1130-15) of 11.07.2003]
Article 8. Advocate’s Assistant
Аn advocate may have an assistant or several assistants from among persons having higher legal education. The terms of assistant’s work are determined by a contract between the advocate (advocates’ association) and the advocate’s assistant in conformity with the labour legislation.
Advocate’s assistant may fulfil assignments in the cases the advocate undertook proceedings of, save for those within the procedural competence of the latter.
Persons designated in part two of Article 2 of this Law shall not be advocate’s assistants.
Article 9. Аdvocate’s Confidentiality
Аn advocate shall be obliged to keep advocate’s confidentiality. The issues concerning which a citizen or a legal entity resorted to the advocate, the essence of their consultations, advice, elucidation and other information received by an advocate in the fulfilment of his/her professional duties shall constitute the subject matter of advocate’s confidentiality.
The data of pre-trial investigation that became known to an advocate in view of the fulfilment of his/her professional duties may be disclosed solely with the permission of an investigator or prosecutor. Advocates guilty of disclosing data of pre-trial investigation shall bear liability in conformity with the effective legislation.
Advocates, advocates’ assistants, officials of advocates’ associations shall be prohibited from disclosing information that constitutes the subject matter of advocate’s confidentiality and from using it in their own interests or in the interests of third parties.
Article 10. Guarantees of Advocates’ Activity
Advocate’s professional rights, honour and dignity shall be protected by law. Any interference into advocate's activity, demanding that an advocate, his/her assistant, officials and technical personnel of advocates’ associations disclose information constituting advocates’ confidentiality shall be prohibited. They shall not be interrogated as witnesses with regard to these issues.
Documents pertaining to advocate’s fulfilment of his/her assignments shall not be subject to examination, disclosure or seizure without his/her consent. Tapping of advocates’ telephone lines in view of operative search activity shall be prohibited unless authorised by the Prosecutor General of Ukraine, his/her deputies, prosecutors of the Republic of Crimea, oblasts, the city of Kyiv.
No submission shall be lodged by the body of inquiry, investigator, prosecutor as well as a special ruling of the court with regard to the advocate’s legal stand in a case.
Advocates shall be guaranteed the rights equal to those of other parties to proceedings.
A criminal case against an advocate may be initiated solely by the Prosecutor General of Ukraine, his/her Deputies, prosecutors of the Republic of Crimea, oblasts, the city of Kyiv. An advocate shall not be brought to criminal, material and other liability or threatened with its application in view of rendering legal assistance to citizens and organisations in accordance with law.
Article 11. Social Rights of an Advocate and his/her Assistant
Аn advocate and his/her assistant enjoy the right to a leave and to mandatory state social insurance.
Insurance premium to the mandatory state social insurance fund shall be paid by an advocate and his/her assistant in conformity with law.
[Article 11 in the wording of Law No 3108-IV ( 3108-15 ) of 17.11.2005]
Article 12. Work Remuneration for an Advocate and his/her Assistant
Payment for the advocate’s work shall be effected on the basis of a contract between a citizen or a legal entity and the advocates’ association or the advocate.
In the event of an advocate’s participation in a criminal case by appointment where an indigent citizen is exempted from payment for legal assistance, payment for the advocate’s work shall be effected at the expense of the State pursuant to the procedure established by the Cabinet of Ministers of Ukraine. The procedure for an advocate’s appointment for rendering legal assistance to citizens shall be determined by the criminal procedural legislation.
In the event of pre-term rescission of a contract, payment for advocate’s work shall be effected for the actually performed work.
In the event of improper execution of the assignment of a citizen or legal entity that concluded a contract with an advocate or advocates’ association, the paid sum shall be returned to them fully or partially and where a dispute arises – on the basis of a court judgment.
The procedure for payment for advocate’s assistant’s work shall be determined by a contract between him/her and the advocate or the advocates’ association. The salary of an advocate’s assistant shall not be lower than the minimal wages determined by the State.
Article 13. Qualification Disciplinary Commissions of the Bar and their Authority
In order to determine the level of professional knowledge of the persons who intend to be engaged in advocacy and to resolve issues of advocates’ disciplinary liability, in the Republic of Crimea, oblasts, cities of Kyiv and Sevastopol, qualification disciplinary commissions of the Bar shall be established for the term of three years. These commissions shall be composed of two chambers – certification and disciplinary ones.
The Council of Ministers of the Republic of Crimea, oblast, Kyiv and Sevastopol city councils of people’s deputies shall be entrusted with the formation of qualification-disciplinary commissions of the Bar and organisational provision of their activity.
The certification chamber shall be composed of 11 members, including four advocates, four judges, representatives of the Council of Ministers of the Republic of Crimea, oblast, Kyiv and Sevastopol city councils of people’s deputies, Department of Justice of the Council of Ministers of the Republic of Crimea, oblast, Kyiv and Sevastopol city state administrations, branch office of the Union of Advocates of Ukraine – one from each.
The decision on the issuance of the certificate entitling to engage in advocacy or on the refusal to issue the certificate shall be made by voting by show of hands by majority vote out of the total number of the chamber members. A person who failed qualification examinations has the right to take them again in a year.
The disciplinary chamber shall be composed of nine members, including five advocates, two judges, representatives of the Department of Justice of the Council of Ministers of the Republic of Crimea, oblast, Kyiv and Sevastopol city state administrations, branch office of the Union of Advocates of Ukraine – one from each.
The decision to bring an advocate to disciplinary liability shall be made by voting by show of hands by two-thirds majority out of the total number of the chamber members.
Legal scholars and people’s deputies may participate in the work of a disciplinary commission with the right of a deliberative vote.
Decisions on the refusal to issue a certificate entitling to engage in advocacy or on bringing an advocate to disciplinary liability may be appealed against before the Higher Qualification Commission of the Bar.
The procedure for the organisation and activity of a qualification disciplinary commission is determined by the Regulations thereon which shall be approved by the President of Ukraine.
Article 14. Higher Qualification Commission of the Bar
The Higher Qualification Commission of the Bar examines complaints against decisions of qualification disciplinary commissions. It has the right to annul or modify decisions of qualification disciplinary commissions.
The Higher Qualification Commission of the Bar is affiliated to the Cabinet of Ministers of Ukraine. The Higher Qualification Commission of the Bar is composed of one representative from each qualification disciplinary commission of the Bar, from the Supreme Court of Ukraine, Ministry of Justice of Ukraine, and the Union of Advocates of Ukraine – one from each.
The activity of the Higher Qualification Commission of the Bar is governed by the Regulations thereon, which shall be approved by the President of Ukraine.
Article 15. Oath of an Advocate of Ukraine
When the certificate entitling a person to practice as an advocate is issued by the qualification disciplinary commission, the person receiving the certificate shall take the following Oath of an Advocate of Ukraine:
OATH
of an Advocate of Ukraine
"I ________________________________________________________________
(name)
undertaking advocate’s obligations, solemnly swear:
in my professional activities, to act in strict compliance with the legislation of Ukraine, international acts on human rights and freedoms, rules of advocate's ethics; honour the undertaken commitments with high civil responsibility; be always fair and principled; scrupulous and considerate to people, strictly abide by advocate's confidentiality; always and everywhere adhere to high standards of advocate's profession and swear allegiance to the Oath.
Advocate
_______________________ (surname, initials)
"____" ________________ 19____
Article 16. Advocate’s Disciplinary Liability
For a failure to comply with the requirements of this Law, other legislative acts of Ukraine regulating advocacy, or breach of the Oath of an Advocate of Ukraine, the disciplinary chamber of the qualification disciplinary commission may impose the following disciplinary penalties:
- warning;
- suspension of the validity of the certificate entitling to practice as an advocate for a period of up to one year;
- nullification of the certificate entitling to practice as an advocate.
A decision on the imposition of a disciplinary penalty may be appealed against before the Higher Qualification Disciplinary Commission of the Bar or before a court of law.
Issues of disciplinary liability of an advocate who is a member of advocates’ association are regulated by the statute of a respective association as well.
Article 17. Termination of Advocate’s Activity
Аdvocate’s activity may be terminated by a decision of a qualification disciplinary commission of the Bar and the certificate that was issued – nullified in the cases of:
advocate’s conviction for the commission of a crime - after the entry into legal force of the judgment of conviction;
the finding of the court on his/her diminished capacity or incompetence;
[Indent four of Article 17 has been deleted on the basis of Law No 355-V (355-16) of 16.11.2006]
flagrant violation of the requirements of this Law and other legislative acts of Ukraine regulating advocacy, the Oath of an Advocate of Ukraine.
Article 18. Relations of the Bar and the Ministry of Justice of Ukraine, Local Bodies of State Administration
The Ministry of Justice of Ukraine:
ensures the necessary funding for advocates’ work remuneration in the event of advocate’s participation in a criminal case by appointment and where citizens are exempted from payment for legal assistance;
generalises administrative data on advocacy;
[Indent three of part one of Article 18 in the wording of Law No 3047-III (3047-14) of 07.02.2002]
promotes taking action aimed at enhancing advocates’ professional level.
Local bodies of state administration, within the limits of their competence, promote resolving social issues of advocates and advocates’ associations, lease them premises suitable for work, establish benefits in regard to paying rent for the use of premises, etc.
Article 19. Advocates’ Unions and Associations
Аdvocates and advocates’ associations may establish regional, national and international unions and associations.
Аdvocates’ unions and associations represent advocates’ interests in state authorities and citizens’ associations, protect advocates’ social and professional rights, accomplish methodological and publishing work, promote enhancing advocates’ professional level, may establish special funds, and shall act in conformity with their statutes.
L.Kravchuk, President of Ukraine
City of Kyiv, 19 December 1992
N 2887-XII
