Scanning reading

19. Scan the text “The Bar in Ukraine” and find out information concerning:

• Who may become an advocate in Ukraine?

Before scanning the text see the notes, given below the text.

Time limit – 15 minutes

Be sure to know that the word “scanning” means reading for detail.

The Bar in Ukraine

The operation of the Bar in Ukraine is regulated by the “Law on the Bar” adopted in 1992. The Bar of Ukraine is a voluntary, professional, public association which is called upon to protect the rights and freedoms and to represent the legal interests of the citizens of Ukraine, foreigners, aliens, artificial persons and give them other legal help.

According to the Law, a citizen of Ukraine, who has higher legal education, professional experience in the field of the legal profession for not less than two years, who has passed qualification exams, who has got a certificate, giving the right to operate as an advocate and who has taken the oath, may become an advocate.

Advocates give consultations and explanations concerning the legal issues, oral and written information concerning the legislation; draw up various applications, complaints and other documents of legal nature: make representation in courts and other artificial bodies; give legal help to enterprises, institutions and organizations.

The advocate has the right to represent the rights and interests of citizens and artificial persons according to their letters of attorney in all bodies, institutions and organizations; to collect information about the facts, which may be used as evidence in civil, economic, criminal and administrative cases.

He participates in questioning the defendant and the witnesses and submits evidence and at the end of the hearing of the trial he pronounces his speech for the defense. The advocate is entitled to appeal against the court judgement in a higher court to participate personally in its hearing and to lodge appeals for handling the case by judicial supervision. The advocates take an active part in legal proceedings on housing, labour, property and other disputes, representing the interests of clients.

The Bar of Ukraine carries out its activity on the principles of the rule of law, independence, democracy, humanism and confidentiality. The advocate has the right to carry out his professional activity individually, open his bureau, create legal firms, boards and other professional associations, which should operate according to the “Law on the Bar in Ukraine”.

The associations of advocates operate on the principles of voluntariness, self-government, collective leadership and publicity.

What is the main requirement for the person who plans to work as an advocate?

The functions of the advocate may be successfully discharged only by the persons who combine great professional experience with high moral qualities.

When the certificate entitling a person to practice as an advocate is issued by the qualification disciplinary commission, the person receiving the certificate shall take the following Oath of an Advocate of Ukraine:

OATH of an Advocate of Ukraine

"I ________________________________________________________________                                                        (name) undertaking advocate’s obligations, solemnly swear:

in my professional activities, to act in strict compliance with the legislation of Ukraine, international acts on human rights and freedoms, rules of advocate's ethics; honour the undertaken commitments with high civil responsibility; be always fair and principled; scrupulous and considerate to people, strictly abide by advocate's confidentiality; always and everywhere adhere to high standards of advocate's profession and swear allegiance to the Oath.

Advocate _______________________ (surname, initials) "____" ________________ 19____

For a failure to comply with the requirements of this Law, other legislative acts of Ukraine regulating advocacy, or breach of the Oath of an Advocate of Ukraine, the disciplinary chamber of the qualification disciplinary commission may impose the following disciplinary penalties:

- warning;

- suspension of the validity of the certificate entitling to practice as an advocate for a period of up to one year;

- nullification of the certificate entitling to practice as an advocate.

A decision on the imposition of a disciplinary penalty may be appealed against before the Higher Qualification Disciplinary Commission of the Bar or before a court of law.

Issues of disciplinary liability of an advocate who is a member of advocates’ association are regulated by the statute of a respective association as well.

Аdvocate’s activity may be terminated by a decision of a qualification disciplinary commission of the Bar and the certificate that was issued – nullified in the cases of: advocate’s conviction for the commission of a crime - after the entry into legal force of the judgment of conviction;

the finding of the court on his/her diminished capacity or incompetence; flagrant violation of the requirements of this Law and other legislative acts of Ukraine regulating advocacy, the Oath of an Advocate of Ukraine.

The Ministry of Justice of Ukraine:

ensures the necessary funding for advocates’ work remuneration in the event of advocate’s participation in a criminal case by appointment and where citizens are exempted from payment for legal assistance;

generalises administrative data on advocacy; 

promotes taking action aimed at enhancing advocates’ professional level.

Local bodies of state administration, within the limits of their competence, promote resolving social issues of advocates and advocates’ associations, lease them premises suitable for work, establish benefits in regard to paying rent for the use of premises, etc.

Notes:

legal interests – законні інтереси

aliens –особи без громадянства

artificial persons – юридичні особи

to take the oath – приймати присягу

legal issues – юридичні питання

to draw up applications – складати (оформляти) звернення

complaints – скарги

to make representation – здійснювати представництво

a letter of attorney – довіреність

evidence – докази

to question the defendant –  допитувати обвинуваченого

witnesses – свідки

to submit evidence – представляти доказ

trial – судовий розгляд

to pronounce the speech for the defence – проголошувати захисну промову

to be entitled to do smth. – мати право робити що-небудь

to handle the case by judicial supervision – розглянути справу у порядку судового контролю

rule of law – верховенство права, норма права

publicity – гласність

self-government – самоврядування