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Publication date: 05.02.2024
Lawyer, graduated from the National University "Odesa Law Academy" with honors. Since 2017, I have been specializing in legal and educational and general legal issues. I am the author of legal articles, scientific publications and articles in the educational environment. Mentor of the "Veritas" legal clinic. The owner of the legal blog "Educational_law_ua" on Instagram.
A lawyer's request is one of the most effective means of obtaining the necessary information. Thus, in accordance with the current law in the field of advocacy, the "recipients" of such a request have an obligation to send a response to the required information within 5 (working) days after receiving the request. In this article, we will talk specifically about the topic of a lawyer's request, and if you need to receive certain information or copies of documents, the lawyers of the legal marketplace "Consultant" will help you solve your problems.
It should be said that the National Association of Lawyers of Ukraine (hereinafter - NAAU) drew attention to the fact that quite often "respondents to requests" do not comply with such a five-day period, and lawyers can wait for a response to a request for several weeks or even months .
It was this situation with the violation of the response deadlines that became the basis for the development of a new draft law, which specifically defines the introduction of changes to the current legislation of Ukraine in the field of advocacy in relation to issues of advocacy. Thus, the deputies are suggested to determine the important need for a notification to the lawyer regarding the forwarding of information at his request.
In addition, it is proposed to add a new part of Article 24 of the aforementioned law to determine that the response to a lawyer's request must be sent via electronic communication and with the help of a qualified electronic signature. It is worth reminding that a lawyer's request should be understood as a lawyer's appeal in writing to local self-government bodies or state authorities, including appeals to their officials or officials.
It can also be a lawyer's appeal to organizations, institutions or enterprises of all forms of ownership, including public organizations. The main purpose of sending a lawyer's request is to obtain information, copies of documents by a lawyer in order to provide legal assistance to the client. In addition to the requested information, documents confirming the lawyer's activity - a copy of the certificate - must be attached to the lawyer's request. Such a lawyer's request cannot be sent for the purpose of obtaining clarifications or consultations on the norms of Ukrainian legislation.
In response, local self-government bodies, state authorities and their officials or officials, authorized persons (heads) of institutions, enterprises or organizations must send a response to such a request within 5 (working) days, including the necessary information and copies of documents if necessary. The exception is information that has limited access and corresponding copies of documents in which such "restricted information" is defined.
However, it should be noted that in cases where the request received by the person involves the provision of a large amount of information, which requires a significant search for data, then in this case the deadline for providing an answer can be extended up to 20 working days, for which the person must send a reasoned answer about the extension the deadline for responding to such a request, but such notification must also be sent no later than 5 (working) days from the moment of receipt of the lawyer's request.
