Lawyers give advice and guidance on legal issues, oral and written information on legislation, are the applications, complaints and other legal documents; certify copies of documents for which they lead; exercise of the court, other state bodies to citizens and legal persons; provide legal assistance to enterprises, institutions, organizations, provides legal support of business and foreign economic activity of citizens and legal persons performing their duties in accordance with the law of criminal procedure in the process of inquiry and preliminary investigation.
The lawyer may have other types of legal aid under the law.
Commented in the article of the Act clearly traced the idea of the legislator that a lawyer providing advice and guidance on legal issues, making complaints, petitions and other documents, can not go beyond their professional legal subjectivity. That is in its relationship with the client, he must rely solely on rules of law, the requirements of law, Leaving their own interests, political or social preferences, consumer emotions. The law clearly states that the advice and explanations provided to citizens or representatives of legal entities may only relate to legal issues and information, whether oral or written, are only about legislation. This means that the lawyer in his oral advice or documents that it issues (information on legislation, legal conclusions, memoranda on the law, etc.) should result in these or other rules of law and practice.
The basis for the submission of any form of legal assistance have an agreement with a client or a document on the appointment of counsel by a person conducting the inquiry, the investigator, the court. The credentials of the lawyer in a particular case, a warrant, which must be discharged on the basis of the agreement. It should also be noted that in the economic courts and some \u0026quot;other public bodies\u0026quot; lawyers acting under a power of attorney, which is issued by a natural person or legal entity whose interests are represented. However, an erroneous position, which advocated the employees of certain public bodies (eg, bodies of civil registration), which do not recognize the order as a document confirming the authority of a lawyer.
When submitting these types of legal assistance, as Legal Advice , Clarification of legal issues, information on legislation and on selected instruments may be an agreement in simplified writing or orally - when legal aid is free of charge .
The quality of provision of legal aid lawyer is controlled by the lawyers\u0026#39; association, of which he is. Every year should be a report about the results of the audits. At the request of qualification and Disciplinary Commission of the lawyers\u0026#39; association shall transmit a report on the quality of the provision of legal aid. If necessary, the Commission has the right to verify its authenticity. Testing may be initiated by the commission or to submit the Chamber and in the event of a KDKA (or chamber) of complaints or other documents about the low level of provision of legal aid lawyers of the association or a lawyer, who practiced individually, or the attorney committed the violation. In case of confirmation of this fact to a lawyer may be subject to disciplinary punishment.
Representation in court in civil cases is governed by the Civil Procedural Code of Ukraine. In particular, Art. 110 Code of Civil Procedure provides that citizens may conduct their case in court through their representatives, with the personal participation in, they may also have a representative. Legal entities in court may also conduct their representatives. Representatives may be, among others, the lawyers, who confirmed their credentials warrant. Thus, acting as representative of a warrant, not a power of attorney does not provide legal counsel the authority, which arise under Art. 115 Code of Civil Procedure, which states that each of the following actions should be specifically attributable to the issued by an attorney.
Lawyer has the right to legal aid without restrictions of its species, since the Constitution guarantees everyone the right to legal aid, without exception, by the free choice of counsel of their rights. Consequently, the reference in the Law \u0026quot;On Advocacy\u0026quot; that the lawyer can perform other types of legal assistance, under the law restricts the activities of a lawyer and not in the Constitution of Ukraine.