Lawyer's request about crossing the border

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Симиренко Ганна

Lawyer

Ukraine / Kyiv

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Publication date: 07.07.2024

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Lawyer's request about crossing the border

In today's world, a lawyer's request is a powerful tool that allows lawyers to obtain the necessary information to protect the rights and interests of clients. One of the topical topics is the lawyer's request for crossing the border, especially in cases related to criminal or administrative cases, where it is important to establish the fact of a person's departure or entry to the country. In this article, we will consider what a lawyer's request is, what are the requirements for it, and we will also give examples and samples of such requests, the term of consideration of the lawyer’s request. A lawyer's request is an official document submitted by a lawyer to state authorities, enterprises, institutions or organizations for the purpose of obtaining information necessary for the performance of lawyer's activities. The legislation of Ukraine clearly defines the procedure for submitting such requests and the obligations of subjects to provide an answer.

Requirements for a lawyer's request

A lawyer's request is an important tool in the work of a lawyer, and in order for it to be valid and accepted for consideration, it is necessary to comply with certain requirements. Let's consider these requirements in detail:

Written form: 

The request must be submitted in writing. It can be both a paper document and an email sent by the lawyer's official email. The written form ensures that the content of the request is fixed and avoids disputes regarding its text.

Information about the lawyer.

 The request must contain the following data about the lawyer:

1. Full name of the lawyer: Surname, first name and patronymic.
2. Number of the certificate of the right to practice law: This confirms the status of the lawyer and his right to practice law.
3. 
   Contact details: Office address, telephone number and e-mail, which allows you to quickly contact the lawyer if necessary.

The subject of the reques

The request must clearly state the information the attorney is requesting. This includes:

1. Specific volume of information: For example, data on crossing the border by a specific person, information on financial transactions, etc.
2. 
   Purpose of receiving information: A clearly stated purpose helps to understand why this information is needed. This can be, for example, preparation for court proceedings, protection of the client's rights in criminal proceedings, etc.
    
3. Reference to legislation: 
   The request must contain a reference to the normative acts justifying the lawyer's right to receive the requested information. 
4. Laws of Ukraine: For example, the Law of Ukraine "On Advocacy and Advocacy", which regulates the procedure for obtaining information by a lawyer.
5. 
   Other regulatory acts: Resolutions, orders and other documents that determine the procedure for providing information to attorney requests.
    

Appendices.If necessary, documents confirming the attorney's authority or other necessary materials are attached to the request.

 These can be:

1. 
   Copies of the certificate of the right to practice as a lawyer: To confirm the status of a lawyer.
2. Power of attorney: If the request is submitted in the interests of the client and the lawyer acts on behalf of the attorney.
3. 
   Other documents: For example, a court decision justifying the need to obtain information.

Key points when submitting a request

• Making a request: The request must be submitted in writing or by e-mail, if required by law or the rules of the relevant institution.
• Attachments: Necessary documents, such as a certificate of the right to practice law, a power of attorney, etc., are attached to the request, consideration of requests by counsel.
• Registration of the request: The sending of the request must be registered, which confirms the fact of its submission. This can be confirmed by an institution stamp or email delivery notification, the response to the lawyer’s request deadlin.

Consideration of the reques

The body or institution to which the request is submitted is obliged to consider it within the period established by law. Usually, this term is up to 30 days from the moment of receiving the request.
Stages of consideration of the request:

1. Registration of incoming correspondence: The request is registered in the incoming correspondence of the institution, which allows you to track its further movement.
2. 
   Analysis of the request: The institution checks the correctness of the request and the presence of all necessary documents.In case of detection of deficiencies, the lawyer may be notified of the need to eliminate them, 
    the period of response to the lawyer’s request.
3. Search and preparation of information: Responsible persons search for the necessary information and prepare a response to the request.
    

Providing an answer

The response to the lawyer's request must be provided within the prescribed time limit. If the answer cannot be given in full, the institution is obliged to inform the lawyer about the reasons for this.

The main points of the answer:

1. Form of answer: The answer can be given in writing or by e-mail, according to the request form.
2. 
   Content of the answer: The answer must contain clear and complete information requested by the lawyer. In case of refusal to provide information, the grounds for such refusal must be indicated.
3. 
   Deadlines for providing a response: The response must be provided no later than 30 days from the moment of receipt of the request.
    

Appeal of inaction

In case of failure to provide an answer within the prescribed period or an incomplete answer, the lawyer has the right to appeal inaction in court. This is provided by legislation to protect the lawyer's rights to receive information. Basic actions in case of inaction:

1. Appeal to the court: The lawyer submits a claim to the court with a demand to oblige the relevant body to provide the requested information, attorney’s request for border crossing.
2. 
   Evidence base: Evidence of the submission of the request and inaction of the body, such as a copy of the request, confirmation of its submission and lack of response within the prescribed period, is attached to the claim statement, a model of refusal to the lawyer’s request.
3. 
   Judicial review: The court examines the case and makes a decision regarding the legality of the actions or inactions of the relevant body, deadlines for responding to requests by counsel.

Deadlines for providing a response to a lawyer's request

The term of consideration of a lawyer's request usually does not exceed 30 days from the moment of its receipt. However, depending on the complexity of the request and the amount of information requested, this term may be shortened or extended. 

Short term: In cases where the request concerns urgent information or is of particular importance for the protection of the client's rights and interests, the answer can be provided sooner than in 30 days. Legislation may provide for special deadlines for certain types of information or situations.

Extended term: If the volume of the requested information is large or additional actions are required to provide it (for example, conducting examinations or agreements), the consideration period may be extended. In such a case, the body or institution considering the request is obliged to inform the lawyer about the reasons for the delay and the new deadline for providing the answer. 

Liability for failure to respond to a lawyer's 

Тo respond to a lawyer's request or provision of incomplete information entails administrative or criminal liability provided for by the legislation of Ukraine. This may include: 

1. Administrative responsibility: In case of ignoring the lawyer's request or unreasonably delaying the answer, the officials of the relevant bodies may be held administratively responsible. This may include fines or other sanctions defined by the Code of Ukraine on Administrative Offenses, requests by counsel, 
   failure to respond to requests by counsel.
2. Criminal liability: In cases where failure to provide information leads to serious violations of citizens' rights or causes significant damage, criminal liability is possible. In particular, this may apply to cases where failure to provide information is related to the intentional concealment of important facts or documents, the sample of response to the lawyer’s request.
3. 
   Civil liability: A lawyer or his client may apply to the court with a civil claim for damages caused by failure to provide or late provision of information, liability for failure to respond to the lawyer’s request.