Results of the VKDKA meetings on January 31 and February 1, 2022
On January 31 and February 1, 2022, meetings of the Higher Qualification and Disciplinary Commission of the Bar were held.
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Provocation of a crime: in which case liability arises for providing an unlawful benefit to an official
Incitement occurs when the relevant law enforcement officers or persons acting on their instructions go beyond passive investigation.
Court costs related to the consideration of the case in the administrative court are not losses or damages in the sense of the Central Committee of Ukraine
Court costs in an administrative case, in particular, related to the execution of other procedural actions or preparation for the consideration of the case, the costs of the parties and their representatives, related to arriving at the court, a b
Resolution of the CCC of the Supreme Court regarding the qualification of a person’s actions as human trafficking using the vulnerable state of the victims
Notes on the oral exam do not prove the knowledge of the candidate for lawyers.
Notes on the oral exam do not prove the knowledge of the candidate for lawyers
Sheets issued by the KDKA qualification chamber during the oral exam to a person to prepare answers perform only an auxiliary function.
When a lawyer may not pay court fees, explained 7 AAS
Citizens who have the status of a self-employed person and have the benefits provided for in Article 5 of the Law "On Court Fees" use the benefits specified in this article when applying to court.
The Supreme Court published a digest of the legal positions of the Supreme Court for the period November – December 2021
We share another digest of the legal positions of the Grand Chamber of the Supreme Court in decisions made public in November – December 2021.
Does the questioning of a witness by an investigating judge in the absence of a defense counsel violate the right to defense: the position of the Supreme Court
According to the lawyer, the fact that the defense counsel was absent during the interrogation of the witness indicates that the testimony, which is the basis of the verdict, violates the right to defense.
When entering initial information about the sale of narcotic drugs by a law enforcement officer into the ERDR without specifying personal data is not a violation of the requirements of the Code of Criminal Procedure
The victim was a police officer and, by virtue of his official powers, had access to the ЕРДР, in connection with which the secrecy of information regarding the names of persons involved in the crime is fully justified.
The option of generating warrants from ЕРАУ for debtor lawyers will be disabled in March
Lawyers who did not have time to pay the annual fee by January 31, 2021 will be able to use the option of generating warrants online in February.
January 31 is the last day to pay contributions for the current year
Payment of contributions to ensure the implementation of the self-government of the bar in 2022 can be made on the NAAU website.
The CCS of the Supreme Court explained the procedure for charging a penalty for late payment of alimony and calculating its maximum amount
The Supreme Court, taking into account the principle of reasonableness, considers that since interest is a variable amount, the basis for the calculation of which is the alimony arrears for a certain month, the wording "no more than 100
COURT PRACTICE The court’s decision to return a counterclaim is subject to appeal even if the original claim is left without consideration
The concern appealed to the court with a lawsuit against consumers to collect debts for centralized heating and hot water supply services.
Self-employed persons can enjoy benefits for citizens regarding the payment of court fees
Self-employed persons who are citizens who have benefits for paying court fees, provided for in Article 5 of the Law of Ukraine "On Court Fees".
VRP approved changes to the Regulation on the procedure for the functioning of individual subsystems (modules) of the EUITS
On January 25, 2022, the Supreme Council of Justice by decision approved changes to the Regulation on the procedure for the functioning of individual subsystems (modules) of the Unified Judicial Information and Telecommunication System with the a
What documents can be submitted to confirm the amount of expenses related to the payment of legal aid
The assessment of the sufficiency of the evidence submitted in support of the expenses incurred for professional legal assistance or those to be incurred is within the discretion of the court.
If there are elements of criminal offenses provided for by articles 342 and/or 345 of the Criminal Code, the court must make sure that the police acted lawfully and that the measures were necessary and proportionate
In order to draw a not always obvious boundary between resistance within the meaning of Art. 342 of the Criminal Code and actions caused by reflex reactions or self-defense, the court must take into account not only the fact of physical influence
Separation of claims: the Grand Chamber of the Supreme Court expressed a position
A decisive condition for the separation of claims is the fact that such separation will contribute to the performance of the task of administrative proceedings.
Working self-presentation of a lawyer
During the professional development event for lawyers at the Higher School of Advocacy on the topic: "Working self-presentation of a lawyer" Havrysh Hanna – rhetoric coach, media consultant spoke about effective methods of self-
The Supreme Court explained the conditions under which a person is an accomplice in the illegal possession of a vehicle
Liability for illegal possession of a vehicle accrues to all accomplices of the criminal offense, despite the fact that one of them was driving the vehicle.