Raising one’s professional level (advancement of qualifications) is an important professional duty of lawyers, the observance of which should ensure continuous deepening, expansion and updating of their professional knowledge, abilities and skills, acquisition of new specialization or qualification in a certain field of law or field of activity on the basis of previously acquired education and practical experience, to provide lawyers with sufficient information about changes in the current legislation and the practice of its application.
- strengthening their legal skills;
- practical implementation of the rules of lawyer ethics;
- increasing the level of knowledge in the direction of human rights and fundamental freedoms;
- teaching respect for the rights and interests of clients;
- training in protecting the rights of clients and facilitating their implementation;
- training in protecting the rights of clients and facilitating their implementation;
- encouragement to participate in the provision of free legal aid;
- other deepening, expansion and updating of their professional knowledge, skills and abilities
Procedure for upgrading the qualifications of lawyers of Ukraine In the first year, lawyers who have acquired the status of a lawyer are required to undergo the Young Lawyer Modular Program, which is developed and implemented by the Higher School of Advocacy of the National Academy of Sciences of Ukraine and approved by the Expert Council of the National Academy of Sciences.
Lawyers who have acquired the status of a lawyer, during the first three years of their legal activity, are obliged to increase their professional level to the level of 48 hours, of which at least 16 hours – every year. In the case of obtaining a certificate for the right to practice law in the second half of the corresponding year, such a lawyer has the right to receive a lower number of points in the first year of obtaining the certificate, provided that the total number of points for 3 years will be at least 48 hours.
All lawyers, with the exception of lawyers who have acquired the status of a lawyer, during the first three years of their legal practice, are obliged to improve the qualification of a lawyer at the level of 10 hours per year.
During the year, a lawyer must receive at least 2 credit points for studying the rules of lawyer ethics and standards of professional activity. 23. At least 50% of credit points for professional development must be obtained by a lawyer during events organized by operators of professional development for lawyers in Ukraine.
The reporting year for professional development of lawyers is the calendar year, from January 1 to December 31 of each year. The NAAU Higher School of Advocacy maintains a personal record of the lawyer’s credit points
In the absence of the required number of points in the scorecard for the improvement of the lawyer’s qualification, the Higher School of Advocacy is obliged to inform the council of advocates of the region and the relevant qualification and disciplinary commission of the bar of the region about the violation of this Procedure. In turn, in the case of receiving a complaint against such a lawyer at the KDKA at the address of the lawyer’s place of work, specified in the ERAU, about the commission of other violations, these data may be taken into account when considering a disciplinary case.
In the event that the qualification and disciplinary commission of the bar of the region or the Higher qualification and disciplinary commission of the bar brings a lawyer to disciplinary responsibility for violating the Rules of Bar Ethics, such commissions may also establish the obligation for such a lawyer to undergo specialized additional training in matters of advocacy of ethics at the NAAU Higher School of Advocacy. A copy of the relevant decision is sent to the NAAU Higher School of Advocacy, which ensures the monitoring of the lawyer’s implementation of the specified decision and sends the relevant lawyer a list of planned measures on lawyer ethics for the next three months. The lawyer is obliged to undergo such training within three months from the date of the commission’s decision. Violation by a lawyer of the procedure for such training without valid reasons is considered a failure to comply with the decision of the self-governing body of lawyers and, accordingly, is considered a disciplinary offense. In the event that a lawyer does not undergo such training within the prescribed period, the Higher School of Advocacy of NAAU notifies the KDKA of the relevant region about the non-fulfillment of the decision of the self-governing body of lawyers.
Lawyers have the right to freely choose types of professional development, to participate in any professional development events for lawyers conducted by professional development operators, regardless of the region where it is held, provided they are registered for such an event by the operator conducting it. In the event that the regional bodies of bar self-government conduct free training events for lawyers in their regions, the lawyers of such a region are given priority in registering for such events.
In case of long-term (more than three months) loss of working capacity or for other serious reasons, upon the corresponding application of the lawyer and by the decision of the bar council of the region, the lawyer may be exempted from the obligation to improve his qualifications during the evaluation period in whole or in part. A copy of such a decision of the Bar Council of the region is sent to the Higher Academy of Sciences of the Russian Academy of Sciences.
Ukrainian lawyers are credited with academic hours and/or credit points for advanced training received at relevant events held and/or recognized by an organization that is a signatory to the SCE Memorandum “On mutual recognition of cross-border advanced training of lawyers”.
Academic hours and/or credit points of advanced training received at relevant events held and/or recognized by the organization-signatory of the Memorandum of the State Council on Mutual Recognition of Cross-Border Professional Development of Lawyers are recognized as equivalent to academic hours and/or credit points received at relevant events. conducted in Ukraine.
A lawyer is obliged to independently keep certificates (other supporting documents) and materials about participation in professional development activities, certificates of training under professional training programs for lawyers, other documents confirming the improvement of his qualifications during the current year. Information about such types of professional development is provided to the Higher School of Advocacy no later than December 20 of each reporting year. Lawyers who have fulfilled the requirements for advanced training are issued an electronic certificate of advanced training by the NAAU Higher School of Advocacy (sent to the lawyer’s email address) with the NAAU entering this information into the ERA. The form of the certificate is approved by the Higher School of Advocacy of NAAU.
Activities that count as professional development of lawyers
Types of professional development of lawyers:
training or teaching under professional programs for the improvement of the qualifications of lawyers in higher educational institutions of the III and IV levels of accreditation, if they are accredited operators of the improvement of the qualifications of lawyers. The number of credit points within the scope of accreditation;
participation in international, all-Ukrainian and regional scientific, scientific-practical and scientific-methodological conferences, seminars, round tables, trainings, programs, etc., which are organized and conducted by operators of professional development of lawyers in Ukraine and abroad. The number of credit points within the scope of accreditation;
participation in any accredited events to improve the qualifications of lawyers (including in the online format), which are organized by operators of the improvement of the qualifications of lawyers after passing the test (if available) on the online platform of the administrator for the improvement of the qualifications of lawyers of the Academy of Sciences of the National Academy of Sciences of Ukraine. The number of credit points within the scope of accreditation. If the educational product is a video recording that does not have a clear structure of the course and does not provide, based on the results of its viewing, a section of the fixed material through testing, then the number of credit points for this type of advanced training is equal to 1 point, regardless of the number of hours of such video recording This limitation does not apply to video materials that are included in the structure of online courses with a corresponding knowledge test;
performance as a certified lecturer with a report, presentation or scientific message at international, all-Ukrainian and regional scientific-practical and scientific-methodological conferences, seminars, round tables, master classes, trainings, etc. A doubled number of points is applied as part of an accredited event; scientific or scientific-practical articles that have been reviewed by the Academic Council of the Higher School of Advocacy of NAAU, 5,000 marks are equal to one credit point;
publication of monographs, textbooks, manuals (including co-authorship) 1 edition – 12 credit points;
obtaining a scientific degree of doctor of philosophy in the field of law in the practice of advocacy — 30 credit points;
obtaining a scientific degree of doctor of sciences in the field of law (or doctor of law in the case of obtaining a degree abroad) when practicing law – 45 credit points;
work in the self-governing bodies of lawyers (including in elected positions without registration of labor relations in accordance with the Law of Ukraine “On Advocacy and Advocacy Activities”) – 5 credit points per year; work as part of the Higher Qualification and Disciplinary Commission of the Bar and disciplinary chambers of the qualification and disciplinary commissions in the regions, additionally 2 points per year on issues of the Rules of Advocate Ethics;
participation in the work of NAAU committees (chairman and deputy chairmen of the NAAU committee – 10 points per year; member of the committee board – 5 points per year). Participation of a lawyer in the work of the NAAU committee on lawyer ethics (chairman, deputies and members of the board of the committee) – additionally 2 points per year on the Rules of lawyer ethics;
participation of a lawyer in the work of the committees for the protection of the rights of lawyers of the bar councils of the regions at the request of the chairman of the bar council of the region (chairman and deputy chairman of the committee – 10 points per year; member of the committee 5 points per year). The number of committee members at the request of the Chairman of the Bar Council of the region cannot exceed 15 people (with the exception of the Kyiv City Bar Council and the Kyiv Region Bar Council, where the number of committee members is limited to members who take an active part in its work);
successful completion of online testing with subsequent calculation of credit points. Testing is developed by the Higher School of Advocacy of NAAU in accordance with the fields of law. Testing on the Rules of Advocate Ethics is developed by the Higher School of Advocacy of NAAU with the involvement of the Higher Qualification and Disciplinary Commission of the Bar. The maximum number of such points cannot exceed 2 credit points per year; successful completion of online testing on the topic “Regulatory regulation of the status and issues of activities of self-governing bodies of lawyers”. The topic will include in particular (but not limited to) the following issues: structure, powers of self-governing bodies of lawyers, normative acts regulating their activities. The maximum number of such points cannot be more than 2 credit points per year.
other activities determined by the NAAU Expert Council.