The principles and guarantees of advocacy
By law, the legal profession in Ukraine is a voluntary professional association of public, designed to help protect the rights, freedoms and legitimate interests to represent the citizens of Ukraine, foreigners, stateless persons and legal persons to provide them with various legal aid.
This definition of the concept of advocacy as a legal institution is a significant step towards the recognition of the legal profession as a social organization, because so far in the law does not emphasis on this important feature of the legal nature of the legal profession. By its very nature it is a liberal profession, and hence has a civilian nature.
Advocacy of Ukraine carries out its activities on the rule of law, independence, democracy, humanism and confidentiality.
Law on Advocacy provides for a separate rule, which guarantees respect of advocacy. She found that the professional rights, honor and dignity of the lawyer are protected by law, prohibits any intervention in the legal profession, to require the attorney, his assistant, officials and technical staff of lawyers\u0026#39; association of data comprising lawyer confidentiality. On these issues of guilt and can not elicit as witnesses.
Documents relating to the implementation of the lawyer orders, not subject to inspection, disclosure or withdrawal without his consent.
Do not listen to telephone conversations of lawyers in connection with the investigative measures without the approval of the prosecution.
Not be an official negative response from law enforcement agencies (the recognition, investigation, trial) on the legal position of counsel on the case.
Lawyer has the guarantee of equal rights with other actors.
The criminal case against the lawyer may be instituted only by the Prosecutor General of Ukraine, his deputies, prosecutors of the Autonomous Republic of Crimea, regions, cities of Kiev. Attorney not to prosecute, material and other liability, or threaten to use in connection with the provision of legal aid to citizens and organizations.
Counsel, the Law on Advocacy, can be a citizen of Ukraine, with higher legal education, professional experience lawyer or the lawyer\u0026#39;s assistant at least two years, who passed the qualifying exams, received the certificate of eligibility for the legal profession and legal counsel took the oath of Ukraine. He can not work in court, prosecutors, notaries, bodies of internal affairs, national security, public administration. Counsel can not be a person who has a criminal record.
To determine the level of expertise of persons who intend to practice law, created (in the Autonomous Republic of Crimea, areas of the cities of Kiev and Sevastopol) qualification-disciplinary committee lawyers, Regulations have been approved by Presidential Decree dated May 5, 1999 These commissions are composed of two chambers - the certification and discipline.
Attestation Chamber is composed of 11 members, it includes four lawyers, four judges and a representative of Council of Ministers of the Autonomous Republic of Crimea, regional, Kyiv and Sevastopol city councils of deputies, as well as the offices of the Union of Advocates of Ukraine.
Certifying Board shall hear the statement, accompanied by the documents of persons wishing to practice law, taking the qualifying examination shall decide whether or not to issue a certificate of eligibility for the legal profession.
A person who wishes to practice law, shall submit to the Certifying Chamber, the statement notarized copy of diploma of higher education in law, a document that confirms the experience in the specialty lawyer or the lawyer\u0026#39;s assistant at least two years. The papers dealt with the House within one month from the date of receipt.
Qualifying exams include answers to oral questions from different areas of law, the solution of practical problems, interviews, etc. Program these exams are developed and approved by the Higher Qualification Commission of the Bar.
Person did not finish his qualifying exams, has the right to take them again next year.
The decision to grant a certificate for the right to practice law or to refuse his extradition is taken by open vote by a majority vote of all members of the House.
Refusal to issue a certificate may be appealed within one month of the Higher Qualification Commission of the Bar.
Higher qualifications commission is created under the Cabinet of Ministers of Ukraine and acts under the Statute, approved by the President of Ukraine. The commission is composed of one representative from each qualification and Disciplinary Commission, Supreme Court, the Ministry of Justice, the Union of Lawyers.
Higher Qualification Commission has the right to seek the necessary powers to implement its information from judges, judicial officers, investigating agencies, law associations, enterprises and other institutions, organizations and officials.
Higher Qualification Commission performs the following functions:
- To consider complaints on the qualification-disciplinary committees,
- The refusal to grant a certificate for the right to practice law;
- On bringing a lawyer to disciplinary action;
- Develops and approves the program and order delivery of qualifying examinations and supervises the activities of qualification-disciplinary committees.
Complaints about their decision dealt with in a month from the date of receipt.
Higher Qualification Commission has the right:
- Cancel or change within its competence, the qualification-disciplinary committees;
- Send them in the appropriate case file for further study;
- Invite to a meeting of the commission of persons to complain about the qualification and Disciplinary Commission, representatives of lawyers\u0026#39; associations and other institutions, organizations and officials.
Higher Qualification Commission of the legal profession is headed by the chairman and his deputy, elected by open vote by a majority vote of all members of the commission. The committee members are exempt from their duties at the time of its work.
Higher Qualification Commission, which is a legal person, annually inform the Cabinet of Ministers of Ukraine about its work.