Publication date: 08.07.2024
Legal regulation of the activities of foreign lawyers in Ukraine
The practice of law is an important component of the legal system that ensures the protection of the rights and freedoms of citizens and legal entities. In the context of globalisation and Ukraine's integration into the international community, the issue of legal regulation of the activities of foreign attorneys is of particular importance. This article will examine the main aspects of the legal regulation of foreign attorneys in Ukraine, the requirements for them, the procedure for obtaining a permit to practice law and the specifics of foreign attorneys' work in our country.
The legal framework
The legal regulation of the activities of foreign attorneys in Ukraine is based on the following key legal acts:
TheConstitution of Ukraine:
- The Constitution of Ukraine enshrines the basic principles of the rule of law, including the right to legal aid. It guarantees that everyone has the right to professional legal aid, which may be provided, among other things, by foreign attorneys.
TheLaw of Ukraine "On the Bar and Practice of Law":
- This law defines the legal status of advocates, their rights and obligations, and guarantees of their activities. It sets out the requirements for advocates, including foreign advocates, the procedures for obtaining the right to practice law and the procedure for the exercise of the profession of advocate.
TheCivil Code of Ukraine (CCU):
- The CCU regulates civil law relations, including the contractual relationship between the advocate and the client, and the rights and obligations of the parties.
CommercialCode of Ukraine (CCU):
- The CCU regulates commercial relations, including issues related to the advocates' business activities.
Code of Administrative Procedure of Ukraine (CAPU):
- The CAPU regulates procedural issues related to the participation of advocates in administrative cases.
International treaties and agreements:
- Ukraine is a party to a number of international treaties and agreements regulating the practice of law, including the European Convention for the Protection of Human Rights and Fundamental Freedoms, as well as legal assistance agreements with other states.
Requirements for foreign lawyers
Foreign attorneys wishing to practice law in Ukraine must meet a number of requirements set out in the law. The main requirements include:
Availability of advocate status in the country of origin:
- A foreign lawyer must have a valid advocate status in his/her country of origin, confirmed by relevant documents.
Recognition of qualifications:
- The foreign lawyer's qualifications must be recognised in Ukraine. This may require nostrification (recognition of foreign diplomas) or confirmation of qualifications by passing additional examinations.
Proficiency in thelanguage of court proceedings:
- A foreign advocate must have a sufficient command of the Ukrainian language to practice law, including the preparation of documents and participation in court hearings.
Compliance withethical standards:
- Foreign advocates are obliged to comply with the ethical standards and rules of advocacy established in Ukraine.
The procedure for obtaining the right to practice law in Ukraine
The procedure for obtaining the right to practice law in Ukraine for foreign attorneys includes several stages:
Submission of anapplication:
- A foreign lawyer submits an application to the Qualification and Disciplinary Commission of the Bar (QDCB) with a request for the right to practice law in Ukraine. The application shall be accompanied by documents confirming the advocate's status in the country of origin, qualifications, language proficiency and other necessary documents.
Consideration of the application by the CDQA:
- The CDQA considers the application of a foreign advocate, checks the submitted documents, conducts an interview and, if necessary, additional examinations to confirm the qualifications.
Decision-making:
- Based on the results of the application and the interview, the CDQA makes a decision on granting or refusing to grant the right to practice law in Ukraine. In case of a positive decision, the foreign advocate is issued with a certificate.
Registration of the advocate:
- A foreign advocate who has obtained the right to practice law is registered in the Unified Register of Advocates of Ukraine.
Peculiarities of the activity of foreign advocates in Ukraine
Foreign advocates who have obtained the right to practice law in Ukraine must comply with a number of rules and requirements:
Compliance with thelegislation of Ukraine:
- Foreign advocates are obliged to comply with the legislation of Ukraine, including the rules governing the practice of law, civil, commercial and administrative legislation.
Compliancewith ethical standards:
- Foreign lawyers must comply with the ethical standards established for lawyers in Ukraine, including the principles of confidentiality, independence, good faith and professional competence.
Cooperationwith national advocates:
- Foreign advocates may cooperate with national advocates, provide consultations, participate in joint projects and represent clients in courts and other legal instances.
Specialisation and restrictions:
- Foreign lawyers may specialise in certain areas of law, depending on their qualifications and experience. However, certain activities may be restricted for foreign lawyers under Ukrainian law.
Current issues and challenges for foreign lawyers in Ukraine
The activities of foreign lawyers in Ukraine face a number of challenges and current issues:
Recognition of qualifications:
- The procedure for recognising the qualifications of foreign lawyers can be complex and lengthy. This includes the need to pass additional exams, confirmation of documents and compliance with the standards of the Ukrainian legal system.
Language barrier:
- Knowledge of the Ukrainian language is a mandatory requirement for foreign lawyers. However, this may be a significant challenge for some foreign lawyers, especially if they do not have a sufficient level of proficiency in the language.
Ethical standards:
- Adherence to ethical standards is an important aspect of the practice of law. Foreign lawyers should familiarise themselves with the ethical standards established in Ukraine and adhere to them in their practice.
Competition with national advocates:
- Foreign lawyers may face competition from domestic lawyers, especially in areas where they have less experience or knowledge of Ukrainian law.
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