of July 5, 2012 No. 5076-VI
About legal profession and lawyer activities
This Law determines legal principles of the organization and activities of legal profession and implementation of lawyer activities in Ukraine.
1. In this Law the stated below terms are used in such value:
1) the lawyer - physical person which performs lawyer activities on the bases and according to the procedure which are provided by this Law;
2) lawyer activities - independent professional activity of the lawyer concerning implementation of protection, representation and provision of other types of legal assistance to the client;
3) lawyer self-government - the right of lawyers guaranteed by the state to independently resolve issues of the organization and activities of legal profession according to the procedure, established by this Law;
4) the agreement on provision of legal assistance - the arrangement according to which one party (the lawyer, lawyer bureau, lawyer consolidation) shall perform protection, representation or to provide other types of legal assistance to the second party (client) on conditions and according to the procedure which are defined by the agreement and the client shall pay the provision of legal assistance and actual expenses necessary for agreement performance;
5) protection - the type of lawyer activities which consist in ensuring protection of the rights, freedoms and legitimate interests of the suspect, person accused, defendant, convict justified, person concerning whom application of enforcement powers of medical or educational nature is provided or is solved question of their application in criminal proceedings, person concerning whom the question of issue to foreign state (extradition), and also person who is brought to the administrative responsibility during trial of case on administrative offense is considered;
6) other types of legal assistance - types of lawyer activities for provision of legal information, consultations and explanations according to legal issues, legal support of activities of the client, creation of statements, claims, the procedural and other documents of legal nature aimed at providing realization of the rights, freedoms and legitimate interests of the client, non-admission of their violations, and also at assistance to their recovery in case of violation;
7) the client - physical person or legal entity, the state, public authority, local government body for the benefit of which lawyer activities are performed;
8) conflict of interest - contradiction between private interests of the lawyer and his professional privileges and obligations whose availability can affect objectivity or impartiality during execution of the lawyer of its professional obligations, and also making or non-execution of actions by it during implementation of lawyer activities;
9) representation - type of lawyer activities which consist in ensuring realization of the rights and client's obligations in civil, economic, administrative and constitutional legal proceedings, in other state bodies, before physical persons and legal entities, the rights and the victim's obligations during hearing of cases about administrative offenses, and also the rights and obligations of the victim, civil claimant, civil defendant in criminal proceedings.
1. The legal profession of Ukraine - the non-state self-controlled institute which provides implementation of protection, representations and provision of other types of legal assistance on professional basis and also independently resolves issues of the organization and activities of legal profession according to the procedure, established by this Law.
2. The legal profession of Ukraine is constituted by all lawyers of Ukraine who have the right to perform lawyer activities.
3. For the purpose of ensuring proper implementation of lawyer activities, observance of guarantees of lawyer activities, protection of professional privileges of lawyers, ensuring high professional level of lawyers and the solution of questions of disciplinary responsibility of lawyers in Ukraine lawyer self-government is effective.
1. The legal basis of activities of legal profession of Ukraine is the Constitution of Ukraine, this Law, other legal acts of Ukraine.
1. Lawyer activities are performed on the principles of supremacy of law, legality, independence, confidentiality and avoidance of conflict of interest.
2. The lawyer of Ukraine performs lawyer activities in all territory of Ukraine and beyond its limits if another is not provided by the international treaty which consent to be bound is provided by the Verkhovna Rada of Ukraine, or the legislation of foreign state.
3. The lawyer can perform lawyer activities individually or in forms of business of lawyer bureau or lawyer consolidation (organizational forms of lawyer activities).
4. The lawyer of foreign state performs lawyer activities in the territory of Ukraine according to this Law if another is not provided by the international treaty which consent to be bound is provided by the Verkhovna Rada of Ukraine.
1. The legal profession is independent of public authorities, local government bodies, their official and officials.
2. The state creates proper conditions for activities of legal profession and provides observance of guarantees of lawyer activities.
1. The lawyer can be the physical person which has complete higher legal education, knows state language according to the level determined according to the Law of Ukraine "About ensuring functioning of Ukrainian as state" has length of service in branch of law at least two years, passed qualification examination, passed training (except the cases established by this Law), took the oath of the lawyer of Ukraine and received the certificate on the right to occupation lawyer activities.
2. Cannot be lawyer person who:
1) has the outstanding or not removed in the procedure established by the law criminal record for making of heavy, especially serious crime, and also not serious crime for which custodial sanction is imposed;
2) it is recognized as court incapacitated or is limited by capable;
3) it is deprived of the right to occupation by lawyer activities, - within two years from the date of decision making about the termination of the right to occupation lawyer activities;
4) it is dismissed from judgeship, the prosecutor, the investigator, the investigator, the notary, from public service or service in local government bodies for violation of the oath, making of corruption offense, - within three years from the date of such dismissal.
3. For the purposes of this Article:
1) complete higher legal education - the complete higher legal education got in Ukraine and also the complete higher legal education got in foreign states and recognized in Ukraine in the procedure established by the law;
2) length of service in branch of law - length of service of person in the specialty after receipt of complete higher legal education by it.
1. The lawyer, incompatible with activities, is:
1) work on positions of persons specified in Item of 1 part one of article 3 of the Law of Ukraine "About prevention of corruption";
2) military or alternative (not military) service;
3) notarial activities;
4) judicial and expert activities.
Requirements concerning incompatibility with activities of the lawyer, stipulated in Item 1 this part, do not extend to deputies of the Verkhovna Rada of the Autonomous Republic of Crimea, deputies of local councils (except those which perform the powers in the relevant council on permanent basis).
2. In case of the circumstances of incompatibility established by part one of this Article, the lawyer in three-day time from the date of emergence of such circumstances submits the statement for stop of lawyer activities to council of lawyers of the region on the address of the workplace.
1. Person who showed willingness to become the lawyer and meets the requirements of parts one and the second article 6 of this Law, has the right to address to the qualification and disciplinary commission of legal profession for the place of residence with the statement for the admission to passing qualification examination. Procedure for the admission to passing qualification examination and the list of documents which are enclosed to the application affirm Council of lawyers of Ukraine.
2. The qualification and disciplinary commission of legal profession checks compliance of person to the requirements established by parts one and the second article 6 of this Law. For the purpose of check of completeness and reliability of the data reported by person who showed willingness to become the lawyer and in the presence of written consent of such person the qualification and disciplinary commission of legal profession, qualification chamber or the member of chamber determined by it can make inquiries in public authorities, local government bodies, to their official and to officials, the companies, organizations and the organizations irrespective of pattern of ownership and subordination, provide to public associations which shall not later than ten working days from the date of receipt of request necessary information.
Refusal in provision of information on such request, untimely or incomplete provision of information, provision of information which does not answer reality involve the responsibility established by the law.
In case of failure to provide by person who showed willingness to become the lawyer, the written consent to check of completeness and reliability of the data reported by it such person is not allowed to qualification examination.
3. The term of consideration of the application about the admission to passing qualification examination shall not exceed thirty days from the date of its receipt.
By results of consideration of the application and the documents attached to it the qualification and disciplinary commission of legal profession makes the decision
1) the admission of person to qualification examination;
2) refusal in the admission of person to qualification examination.
To person who filed petition for the admission to passing qualification examination, it is reported about the made decision in writing within three days from the date of its acceptance. In case of decision making about refusal in the admission of person to qualification examination in the decision of the qualification and disciplinary commission of legal profession the reasons of such refusal are without fail specified.
4. The decision on refusal in the admission of person to qualification examination can be appealed in the Highest qualification and disciplinary commission of legal profession or in court within thirty days from the date of its obtaining.
1. The qualification examination is certification of person who showed willingness to become the lawyer.
2. The qualification examination consists in identification of theoretical knowledge in branch of law, stories of legal profession, lawyer ethics of person who showed willingness to become the lawyer, and also in identification of level of his practical skills and abilities in application of the law.
The organization and holding qualification examination is performed by qualification chamber of the qualification and disciplinary commission of legal profession.
The procedure for passing qualification examinations, technique of estimation and the program of qualification examinations affirm Council of lawyers of Ukraine. Council of lawyers of Ukraine can establish payment for passing qualification examination and procedure for its introduction.
Qualification examinations are held at least once in three months.
3. To person who passed qualification examination within ten days from the date of passing qualification examination the qualification and disciplinary commission of legal profession gratuitously grants the certificate on passing qualification examination.
The certificate on passing qualification examination is valid within three years from day of passing an examination.
The sample of the certificate on passing qualification examination affirms Council of lawyers of Ukraine.
4. Person who did not pass qualification examination can be allowed to passing such examination repeatedly not earlier than in six months. Person who did not pass qualification examination repeatedly can be allowed to the next qualification examination not earlier than in one year.
5. Person who did not pass qualification examination can within thirty days from the date of receipt of the decision of the qualification and disciplinary commission of legal profession appeal it in the Highest qualification and disciplinary commission of legal profession or in court which can leave the appealed decision without changes, or oblige the qualification and disciplinary commission of legal profession to hold repeated qualification examination in the nearest future of holding such examinations.
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