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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of December 5, 2012 No. 1144

About modification and recognition voided some acts of the Cabinet of Ministers of Ukraine in connection with adoption of law of Ukraine "About legal profession and lawyer activities"

(as amended of the Resolution of the Cabinet of Ministers of Ukraine of 23.08.2016 No. 553)

The Cabinet of Ministers of Ukraine decides:

1. Bring in acts of the Cabinet of Ministers of Ukraine in connection with adoption of law of Ukraine "About legal profession and lawyer activities" changes which are applied.

2. Recognize invalid acts of the Cabinet of Ministers of Ukraine according to the list which is attached.

Prime Minister of Ukraine

N. Azarov

Approved by the Resolution of the Cabinet of Ministers of Ukraine of December 5, 2012 No. 1144

Changes which are made to acts of the Cabinet of Ministers of Ukraine in connection with adoption of law of Ukraine "About legal profession and lawyer activities"

1. In the second offer of the paragraph of the fourth Item 26 of the Procedure for the certificate of wills and powers of attorney which are equated to notarially certified, the Cabinet of Ministers of Ukraine approved by the resolution of June 15, 1994 No. 419 (ZP of Ukraine, 1994, No. 10, Art. 249; Official Bulletin of Ukraine, 2006, No. 27, Art. 1966; 2009, No. 17, the Art. 515) shall be replaced with words the words "its status and membership in lawyer consolidation" "the place and date of its creation (signing), surname, name, middle name, the place of residence of person which is represented, in case of need position which it holds, and also surname, name, the lawyer's middle name, number and date of issue of the certificate on the right to occupation lawyer activities, organizational form of implementation of lawyer activities".

2. Ceased to be valid according to the Resolution of the Cabinet of Ministers of Ukraine of 23.08.2016 No. 553

3. In Item 17 of the actions plan concerning implementation of the Concept of the development of punitive justice concerning minors in Ukraine approved by the order of the Cabinet of Ministers of Ukraine of October 12, 2011 No. 1039, in cast of the word "The Highest Qualification Commission of Legal Profession" shall be replaced with words "Council of lawyers of Ukraine".

4. The subitem 3 of Item 6 of the Procedure for representation to bodies of the State Tax Service of information on the taxpayers, the taxation objects and objects connected with the taxation for ensuring conducting their accounting, and also the calculation and collection of taxes and charges approved by the resolution of the Cabinet of Ministers of Ukraine of December 21, 2011 No. 1386 (Official Bulletin of Ukraine, 2012, No. 3, Art. 81, No. 79, Art. 3198), to state in such edition:

"3) Council of lawyers of Ukraine - about lawyers who are included in the Unified register of lawyers of Ukraine, in particular surname, name and the lawyer's middle name, number and date of issue of the certificate on the right to occupation by lawyer activities (number and decision date about inclusion of the lawyer of foreign state in the Unified register of lawyers of Ukraine), the name and the location of lawyer bureau or lawyer consolidation, the address of workplace of the lawyer, number of means of communication, information on stop or the termination of the right to occupation lawyer activities, other data provided by the law;".

Shall be replaced with words 1) in Item 3 of the word "About Legal Profession" "About legal profession and lawyer activities";

2) in appendix 1 to the Procedure and conditions:

in the subitem 2 of item 4 and the subitem 1 of Item 6 of the word "About Legal Profession" shall be replaced with words "About legal profession and lawyer activities";

to state subitems 1 and 2 of Item 5 in such edition:

"1) for the purpose of conducting check to demand from the lawyer of submission of information on accomplishment of the obligations by it under the terms of the contract;

2) to address in:

the commission on estimation of quality, completeness and timeliness of provision by lawyers of free legal assistance with the petition for provision of the corresponding assessment - in case of availability of claims (claims) concerning quality, completeness or timeliness of provision by the lawyer of free secondary legal assistance;

the qualification and disciplinary commission of legal profession on the statement (claim) - in case of inadequate accomplishment by the lawyer of the obligations under the terms of the contract, violation by it of procedure for provision of free secondary legal assistance or rules of lawyer ethics, inadequate quality, completeness or inopportuneness of provision by the lawyer of free secondary legal assistance;

head departments of justice in the Autonomous Republic of Crimea, areas, Kiev and Sevastopol with the petition for the lawyer's exception of the Register of lawyers who provide free secondary legal assistance on permanent basis under the contract, - in the cases provided by the law.";

3) in appendix 2 to the Procedure and conditions:

in the subitem 2 of Item 5 and the subitem 1 of Item 7 of the word "About Legal Profession" shall be replaced with words "About legal profession and lawyer activities";

to state subitems 1 and 2 of Item 6 in such edition:

"1) for the purpose of conducting check to demand from the lawyer of submission of information on accomplishment of the obligations by it under the terms of the contract;

2) to address in:

the commission on estimation of quality, completeness and timeliness of provision by lawyers of free legal assistance with the petition for provision of the corresponding assessment - in case of availability of claims (claims) concerning quality, completeness or timeliness of provision by the lawyer of free secondary legal assistance;

the qualification and disciplinary commission of legal profession on the statement (claim) - in case of inadequate accomplishment by the lawyer of the obligations under the terms of the agreement, violation by it of procedure for provision of free secondary legal assistance or rules of lawyer ethics, inadequate quality, completeness or inopportuneness of provision by the lawyer of free secondary legal assistance;

head departments of justice in the Autonomous Republic of Crimea, areas, Kiev and Sevastopol with the petition for the lawyer's exception of the Register of lawyers who provide free secondary legal assistance on a temporary basis based on the agreement, - in the cases provided by the law.".

Approved by the Resolution of the Cabinet of Ministers of Ukraine of December 5, 2012, No. 1144

List of acts of the Cabinet of Ministers of Ukraine, invalid

1. The resolution of the Cabinet of Ministers of Ukraine of April 27, 1993 No. 302 "About order of registration of lawyer associations" (ZP of Ukraine, 1993, No. 10, the Art. 198).

2. The order of the Cabinet of Ministers of Ukraine of September 26, 1994 No. 703.

3. Item of 7 changes which are made to some decisions of the Government of Ukraine, approved by the resolution of the Cabinet of Ministers of Ukraine of June 8, 1996 No. 621 (ZP of Ukraine, 1996, No. 13, the Art. 361).

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