Professional law lawyer
For professional rights lawyer law defines as: representation, protection of the rights and lawful interests of citizens and legal entities on their behalf in all organs, institutions, organizations, collecting information about the facts, which can be used as evidence in civil, economic, criminal cases and cases of administrative violations. Thus, counsel have the right to gather evidence for submission to the organs of inquiry, investigation, prosecution, general and arbitration courts.
The list of human rights lawyer in the collection proved not exhaustive. In particular, it may:
- To request and receive documents or copies thereof from enterprises, institutions, organizations, associations, and from the citizens - with their consent;
- Discovering the enterprises, institutions and organizations with the necessary documents to carry out orders, except those whose secret protected by law;
- Obtain a written opinion of specialists on issues requiring specialized knowledge.
Practically, this means that you can get from the agencies that lead the examination (forensic, motor-vehicle, accounting, etc.), as well as opinions from experts and advice for legal, investigative, prosecutorial authorities, in accordance with applicable law to apply scientific and technological means. It is the use of video recorders, audio recorders, and other means of multiplication in the study of the case, gathering evidence during the interrogation, the court hearing, when playing the situation and circumstances of the accident, etc. It should be noted that in all this legislation is not sufficiently fixed, is not provided and the mechanism of implementation. To exercise this right, the lawyer must obtain permission from the appropriate officer (investigator, prosecutor, judge). The legislator has established that a lawyer has the right to report their complaints to the Chairman of the supervisory procedure (his deputy) of the Supreme Court of Ukraine, Chairmen of the regional (Autonomous Republic of Crimea) the courts, the Attorney General (his deputy), prosecutors regions (Autonomous Republic of Crimea), etc. In practice, this requirement of the law is carried out formally, because as the Supreme Court and the Prosecutor General admission of lawyers, like other visitors, as a rule, engage a person not entitled to take a matter of fact. Almost counsel appears here as a \u0026quot;messenger\u0026quot; - to send a complaint. The essence of the \u0026quot;reception\u0026quot; in the Supreme Court is to issue a decision on the reclamation or denial of certiorari. Responses to the complaint signed by officials who do not have the right to bring objections to judicial decisions (Chief of the secretariat member and deputy chairman of the board of the Supreme Court or the prosecutor of the department, the chief or deputy department or office of the General Prosecutor of Ukraine), which causes a lawyer to deal with repeated complaints , including on private receptions.
This issue should be specifically regulated by rules of civil procedure and criminal procedure law. It is about giving the right to a lawyer present during the consideration of their petitions and complaints at meetings of government and governance, social, trade union, economic and other bodies and organizations.
By law lawyer is entitled to one or more assistants. It should be emphasized that this institution is already known Ukrainian Advocacy, which existed prior to October 1917.
Assistant attorney may be a person who has a law degree. Terms of co-counsel determined the contract between him and the lawyer (or lawyers\u0026#39; association) in compliance with labor laws. They may not be a person, a list of which is an obstacle for the post of Assistant Counsel.
Assistant to enjoy equal social rights with a lawyer. Regarding wages, it is determined by agreement between him and the lawyer (or lawyers\u0026#39; association). But the law stresses that the salary of the Assistant can not be lower than the state minimum.
Social rights lawyer
According to the Law on Advocacy lawyers have the right to leave and for all kinds of assistance to the state social insurance. Concerning the size of contributions to it, they paid a lawyer as a person who is engaged in activities based on the personal property of an individual and solely on his work.
Appointment and payment of benefits and pensions lawyer is in accordance with the legislation on social insurance and social security.
It should be noted that the lawyers - members of the Union of Advocates of Ukraine, unlike other lawyers who are not members of the Union, enjoyed a number of benefits. Thus, the 1992 decision of the Union approved the Regulations on the Fund of social protection of lawyers of Ukraine. This fund is the center of the accumulation of funds allocated for social protection of members of the Union.
The main objectives of the Fund are: the collection and accumulation of contributions, payment of various allowances, the organization of sanatorium-resort treatment and rest for fund members and their families, funding of training members of the fund, the provision of expanded reproduction of the fund based on the principles of self-financing, international cooperation on issues of bandages. related to the social protection of lawyers, lawyers\u0026#39; organization of insurance risk; providing scholarships to children members of the fund - law students, members of the lending fund for professional work, rental of premises, provision of long-term loans on concessional terms, etc.
Assets of the Fund consists of funds both in cash and in some material form, coming from the founders, sponsors and membership fees, funds from the activities of the fund and other revenues.
Member of the fund can only be a member of the Union of Advocates of Ukraine, which applied for membership in the Fund and its membership dues to the formation of its property, shall perform other duties provided for under the fund.
Bodies funds consist of the foundation council - the control, management - the executive body.
The capacity of the Fund in civil and commercial traffic is carried out on behalf of and for the request of the Union of Lawyers of Ukraine.