06 February 2008, 12:47
The Bill (Reg. No.1430) seeks to regulate Lawyers´ activities in Ukraine, define the types and methods of Lawyers´ activities, the Status of Lawyers and Advocates, etc, so as to bring Ukrainian Legislation appertaining to Public Relations in line with European Standards.
The Bill sets out the terms and procedure for acquiring a right to practice Law and the methods of organisation of such activities; regulates the provision of Legal Aid to Lawyers, free of charge and assigned aid including; lists the grounds for a lawyer´s activities to be terminated or halted and grounds for depriving a lawyer of a right to practice Law; details the matters of disciplinary responsibility of a lawyer, etc.
The Right to practice as a Lawyer can only be acquired by a natural person who has completed Higher Legal Education (University/Academy/Institute), has at least 2 years of work experience as an Agent of the Law, has successfully completed a period of training with a Lawyer (Lawyers´ Association), has a command of the State language, and has sat an examination for a further qualification leading to promotion, has sworn The Lawyer´s Oath, and has been issued with a Certificate entitling him/her to engage in practicing Law. A Right to practice Law has no age limitations.
The Bill envisages the foundation of a Ukrainian Lawyers´ Register ( a single official database with open access, providing information on lawyers in Ukraine), to secure the right of each person to a free choice of a defence counsellor and receive professional legal advice, including State Legal Aid, according to this and other Laws of Ukraine.
The Bill includes a clause on the Authorities of the Ukrainian Lawyers´ Chamber, which is a Lawyers´ Self-Governing Standing Collective Executive Body. The Chamber Council is elected by a secret ballot at a Ukrainian Lawyer´s Convention for a three-year term, from among several candidates for each position. It includes 30 members: one member from each Regional Lawyers´ Chamber (elected from candidates nominated at the General Assembly of the corresponding region), and a Head and two Deputies elected from the Convention Delegates. Any person can be elected to the Ukrainian Lawyer´s Chamber up to a maximum of two consecutive terms.
The Bill defines the Ukrainian Lawyers´ Convention as the Lawyers´ Supreme Self-governing body, whose decisions on Lawyers are binding, and which adopts documents related to the operation of advocacy and fulfillment of its constitutional tasks.