Relationship with the Advocacy Ministry of Justice. Part 2
In connection with the adoption of a new edition of the Law of Ukraine \u0026quot;On State Statistics\u0026quot; for commenting the article was amended (third paragraph), under which the Ministry of Justice is vested compilation of administrative data for advocacy. The term \u0026quot;administrative data\u0026quot; is defined by the Law of Ukraine \u0026quot;On information\u0026quot;, which states that administrative information (data) - a formal, documented data that give a quantitative description of phenomena and processes occurring in the economic, social, cultural and other spheres of life and is collected, used , distributed and stored by public authorities (excluding bodies of state statistics), local governments, legal persons in accordance with the law in order to perform administrative duties and tasks within their competence. It is also stated that the system of administrative information (data), the powers of bodies involved in activities related to the collection and use of administrative data, their sources, and the regime established in accordance with the law.
Another area in which to develop relations with the Ministry of Justice - is the promotion of measures to improve the professionalism of lawyers. However, it is not sufficiently developed.
At the same time determining the order of duty training of lawyers laid a Presidential Decree of AOR September 1999 ¹ 1240/99 «On some measures to raise the level of the bar\u0026quot; at the Higher Qualification Commission of the Bar. According to the Regulations concerning the qualifications and Disciplinary Commission of the bar, she makes a decision on enhancing the skills of lawyers and organize their implementation. President KDKA may make representations to the disciplinary chamber of the attribution to an attorney duties to improve their skills. Make a presentation he is entitled on the basis of materials validate the reports on the quality of lawyers\u0026#39; associations to provide legal assistance or checks, which can take members KDKA in case of a complaint, the individual decisions, perceptions, decisions on violations committed by a lawyer or a low level of legal aid provided .
Attorney ethics rules require Lawyers improve professional skills (Article 10). Carrying out activities to improve the skills of lawyers is one of the objectives of the Union of Advocates of Ukraine, to which she devotes considerable attention through special programs, such as training seminars, including in the regions of Ukraine, together with the Center for Advanced Studies of the Academy of Advocacy of Ukraine, which are The school also lawyers\u0026#39; skills and Advocation studio. Raising the professional skill of lawyers is also carried out in recent years, the curriculum for the study of international conventions and procedures to the European Court of Human Rights and the Advisory Office for Human Rights of the Union of Advocates of Ukraine. In order that would have the right to grant Legal Services , The lawyer must improve their qualifications.
The tasks of the Ministry of Justice of Ukraine on the bar association attorney assigned registration in the manner determined by the Cabinet of Ministers of Ukraine. The Regulations on the registration of lawyers\u0026#39; associations, as approved by Cabinet of Ministers of Ukraine dated April 27, 1993 number 302, states that if you sign up Bar Association Department of Justice shall issue him a certificate of registration and assign a number that is entered in the Register of counsel associations. Thus, the Ministry of Justice has charged a number of duties related to registration of lawyers \u0026#39;associations: the procedure as provided for registration, and issuance of certificates of registration, registry attorneys associations, decision-making about the exclusion of lawyers\u0026#39; associations to register and, obviously, the cancellation of the certificate. Ministry of Justice in some way affect the professional status of lawyers and disciplinary practices. Thus, in the qualification-disciplinary committee composed of representatives of the Bar of Justice offices (one in the attestation and disciplinary chambers), which appoints the head of the administration of justice.
The structure of the Higher Qualification Commission of the bar includes a representative from the Ministry of Justice, appointed by the Minister of Justice.
According to certain powers of local authorities contribute to the lawyers and the Bar Association in matters related to the organization providing legal assistance. Lawyers provide the necessary facilities for work in the regions established benefits of rent for their use. In addressing these issues provides substantial assistance to the Union of Advocates of Ukraine.
However, it should be noted that not all regions local authorities are helping lawyers in solving problems that arise in respect of their social security, rental of premises, etc. In Section 8 of Presidential Decree of 30 September 1999 \u0026quot;On some measures to raise the bar of the\u0026quot; local state administrations are encouraged to take steps to implement the requirements of Art. 18 of the Law of Ukraine \u0026quot;On Advocacy\u0026quot; to assist in solving social problems of lawyers and bar associations, enabling them to rent suitable for the work premises, establishment of facilities for rent for the use of premises, etc.