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14.12.2023

A lawyer who carries out his activities individually is obliged to seal the warrant with his own signature: the position of the Supreme Administrative Court of Ukraine

KAS VS noted that, according to the content of para. 2 hours 8th century 18 of the Civil Code of Ukraine, persons who have registered official electronic addresses in EUITS, submit procedural and other documents, written and electronic evidence, perform other procedural actions in electronic form exclusively with the help of EUITS, using their own EDS, equated to a handwritten signature in accordance with the Law “About electronic digital signature”, unless otherwise determined by this Code.

P. 9 of the Regulation on the warrant for the provision of legal (legal) assistance, it is stipulated that the Warrant issued by a lawyer, who performs his activities individually, is signed by the lawyer and certified by the seal of the lawyer (if available).

On April 29, 2022, the Bar Council of Ukraine adopted Decision No. 45 “On Amendments to Regulation No. 41 on a Warrant for the Provision of Legal (Legal) Assistance”, which supplemented the Regulation, in particular, paragraph 10 with a new paragraph of the following content: “During martial law on the territory of Ukraine, it is allowed for law firms/law associations to issue a warrant without sealing it with the seal of a legal entity and without the signature of the head of the law association or law firm.

The Supreme Administrative Court came to the conclusion that the representative of Ukrtransbezpeka in this case appealed to the court not from the law office or from the bar association, but individually, therefore the requirements of p. 10 decisions of the Bar Council of Ukraine dated April 29, 2022 No. 45 are not applicable in this case.

Therefore, the lawyer’s signature is a mandatory requisite of the warrant when applying to the court individually.

Resolution of the Supreme Administrative Court of Ukraine No. 466/862/22 dated December 7, 2023: https://cutt.ly/twSi76YM

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