Lawyer - your first and only defender in criminal prosecution. From the qualifications and experience of a lawyer depends on your fate, particularly at stages criminal proceedings.
That's why you need an experienced and qualified counsel.
We are ready to offer counsel to individuals and organizations.
Our attorneys have a successful practice in solving the most difficult questions as to protect the interests of the accused during the preliminary investigation, and at all stages of criminal proceedings.
Legal assistance provided by counsel, seeks to enforce the rights of citizens and legal persons in criminal, civil and arbitration processes.
Legal assistance provided by the lawyer, is based on the principle of confidentiality
Protecting the interests of the principal (for that is to be not only the accused but also the victim and the accused might not guilty as charged) undertaken by counsel in criminal proceedings, during the preliminary investigation or inquiry includes:
- definition of counsel, factual circumstances, the development of the legal position which allows to achieve the best results;
- representation by counsel during all investigations conducted with the participation of the principal;
- visiting lawyer a defendant in the pretrial detention;
- appeal preventive measure chosen, the statement claims, filing of complaints;
- acquaint counsel with the case materials, participation in court proceedings, advising the principal without restriction in time;
We draw your attention to the fact that if a person is detained, no time to lose, it is necessary to have a lawyer, the delay is fraught with consequences.
The result of the investigator - is the transfer case to court, so it must "disclose" the crime is necessary and the accused.
The purpose of attorney - protection of the rights and lawful interests of citizens. The investigator and the lawyer must pursue different goals. Truth, in a criminal trial is born in the struggle. Hence the advice: do not invite the lawyer recommended by the investigator.
Much of the advocacy community has steadfastly refused to notice that the scope of their efforts has increased many times, and thus increased and the range prospects. Many lawyers continue spud familiar with Soviet-era pieces, leaving a huge free nepahanye fields, which actively engaged in competition.
Shackles of thinking reduces self-esteem, generates a desire to hide in a shell, isolate themselves from the outside world. It's sad, but all of the above symptoms easy to detect in the draft law "On Advocacy", developed by deputies Sobolev, Marcos B. and Demekhin B.
Just make a reservation: a bill can not be described unambiguously bad. It contains lots of useful and necessary standards. In particular, it expanded and fleshed professional rights lawyers, guarantees the profession, solved many issues. The main drawback of the bill is its one-sidedness. The bill solves the problem of the bar yesterday, and contributes little to the legal profession today, and even more so tomorrow.
The position of the business of lawyers, that is, lawyers who provide legal assistance to economic entities, the bill is even worse. Example, there is no such under current law of the profession as "providing legal assistance to enterprises, institutions, organizations "and" legal support for business and foreign trade activities ". Therefore, entrepreneurs should not be aside. On what will be Ukrainian Bar Association, is directly dependent on the welfare and safety of Ukrainian business, and businessmen, too.
So, what exactly confuses me in this bill? Calling an independent legal profession, the authors at the same time propose to merge all Lawyers in the All-Ukrainian Chamber on the basis of compulsory membership. Can I be a member of the Chamber and be free and independent from the Chamber? Note that The main provisions of the Role of Lawyers, adopted by the VIII Congress of the United Nations to prevent crime in August 1990, include the right but not the obligation form self-governing professional associations.
In a world in which we used to be called civilized, the lawyer - a man, by definition, a solid and prosperous. There are even jokes about the fact that poor Lawyers do not happen. A bill of deputies should be respected, that the Ukrainian lawyer - a person socially disadvantaged, such as disabled unable to provide their own food. And so in the bill would oblige public authorities and local self-help lawyers in addressing social issues, renting premises, establish incentives for rent, utilities and others. Is people with higher legal education are not able to earn a space and utilities? Or the bill is written just for those unable?
Confident specialist is not afraid of competition. Self-confident and self-respecting professional community is not afraid to expand their ranks, on the contrary, seeking such an extension in order to strengthen and consolidate its authority. The bill also offers significantly complicate access to the bar. Authors of the bill than two years of legal experience and examination, which exist now, and even offer to introduce a six-month internship. And wishing to become lawyers probation will not have anyone they want, and the attorneys appointed by the territorial department of the Ukrainian Chamber. In addition, six months probation contenders for the law degree will be required to pay, of course, the Ukrainian Chamber of Lawyers. It all seems to craft shops in the medieval cities.
Interestingly, as the authors of the bill represented a solid professional training, passing the bar, after decades of work in the prosecutor's office, court and state authorities? Do these people want to be at the beck and call? And what about the bill provided for a two-month validation information submitted by the applicant for law degree? A replenishment of the list of required documents with the autobiographical questionnaire data? Span indeed Stalin!
It is interesting to note the fact that the rules of law on limiting access to the legal profession, organization and activities of the Ukrainian Chamber of retirement providing counsel, all sorts of benefits, written out carefully and even with love. Can not be said of those sections, dealing with the organization of work lawyers and law structures. This once again confirms that the bill reflects the interests of the bar yesterday, for whom pension and the organization of warm positions in the House and its many territorial divisions far more interesting than the actual legal profession.
Thus, the bill stipulates that the legal profession is not a business, which apparently suggests a lack of for-profit. But lawyers do not work for free, but because the successful work will inevitably lead to the formation of the most profit. In addition, the bill provides that lawyers may choose a simplified system of taxation, accounting and reporting in accordance with established uniform tax. But the flat tax is applied to the subjects of entrepreneurial activity! Thus, should one break a lance? Not be simpler to admit that some aspects of the profession still are entrepreneurial in nature?
Twice in the bill stated that the legal profession is an individual character. But the same law for all lawyers in the mandatory procedure combines the ward! There is mention in the bill and to unite the lawyers of their efforts in creating law firms. And the current Law Ukraine "On Advocacy," provides for the right of lawyers to carry out their activities not only individually, but also associated with other lawyers. And then, what does "individual character"? Is the lawyer must carry out its activities "quietly to himself," anyone without consulting or cooperating?
Outside XXI century. The volume of information, including legal, has long exceeded the physical abilities of the person, the number of regulations is measured in tens thousands. In such circumstances, lawyers are obliged to work in a team. And the possibility of team work have to be provided by law. Therefore, the authors of the bill should clarify what exactly they mean by "the individual character of the profession" and it is better to explicitly recognize the possibility of collective work of lawyers.
Organization of the lawyers' associations in the bill is devoted to only one article, and she has more questions than answers. Under with the project lawyers' association is a non-profit organization and is maintained by contributions from lawyers, members of the association. But in the same article stated that it is the lawyers' association entered into agreements with customers and it comes at the expense of union fees. That is, before the association include through their contributions, the lawyers still need to get their money from the account association. Immediately the question arises: whose property is received the client at the expense of union funds? It is useful to recall that in accordance with the Law of Ukraine "On taxation of income of enterprises" income or property of non-profit organizations are not subject to distribution among their founders, participants or members and may not be used for the benefit any particular party, their officers (other than wages and deductions for social services). It is safe to say that if the bill become law, serious fiscal problems the lawyers' association can not be avoided.
The bill introduces a new organizational form of advocacy: an attorney's office, law office, law firm. According to the authors Bill law office consists of one lawyer and a legal entity. The lawyer, who created the bureau, opens accounts in banks, has a seal and stamp. The bill provides no answer, opens up the field office as a legal entity accounts, whether the stamp and seal. What is the relationship between a lawyer and established his office, the bill does not specify clearly what would a lot of problems and misunderstandings.
Not clearly written out and the rules governing the establishment and operation of the law firm. Under the bill, law firm created by two and more attorneys and acting under the statute and the partnership agreement. It is not clear why you need a partnership agreement, why can not confine charter?
The bill stated that the property made by the founders of the law firm, the company owns the right of ownership. And whose property is Company revenues, other funds and property received by it legally? What is the norm of the bill, asserting that the law firm lawyers can work under a civil contract? It is about lawyers or the partner of the other lawyers, too? How does this rate compare with applicable labor laws?
It is clear that all of these issues are not too important for those who work in the old. These attorneys provide legal assistance primarily Individuals who pay cash. Problems of organization of the profession interested in (at least, should be wondering) business lawyers, working collectively and receiving fees for non-cash. But the authors of the bill problems of business lawyers are interested in for some reason, least of all.
The negative effects of isolation lawyers are already being felt. Many active qualified lawyers, serving business, prefer to work outside the legal profession. In so doing they deprive their clients the benefits of interaction with the lawyer. After all, lawyers, non-lawyers, there is no statutory established professional rights and guarantees. How can consult about the problems with business partners or a marriage, the contents of the will, if the lawyer is not bound secret law?
What are the conclusions from all of the above? First of all, the bill "On Advocacy," designed by deputies Sobolev, Marcos B. and B. Demekhin should not be taken in its current form. Changes in the bill proposes the following.
First, you need detailed regulation of the organizational forms of advocacy. The law "On Advocacy" should provide that the lawyer's education can be both non-profit organizations and business entities, at the option of creating their lawyers. The new Act should provide that lawyers may provide legal services to clients. For Lawyers and attorneys entities which by its nature is economic (business) should apply the law governing economic activity.
It is necessary to provide for the rights of lawyers, members of the attorney entities to share in the assets of such education, including the possibility of obtaining a lawyer cost its share in the output of the merger, and the heirs - in the case of his death.
It is hardly appropriate in this Act deals with taxation issues advocacy. Such problems should be addressed by amending in the tax laws. Especially because of the Law of Ukraine "On the system of taxation rates, the mechanism of tax collection and tax benefits can not be set and modified by other laws of Ukraine, but tax laws.