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.
In the presence of a claim of a non-property nature, an appeal cannot be considered in written proceedings – CCS of the Supreme Court
If there are claims of a non-property nature in the case, then consideration of such a case in the court of appeal is carried out in a court session with notification of the parties to the case.
When the testimony of a witness can be recognized as inadmissible evidence
Neither the witness nor the prosecution side, on whose behalf the witness appeared, provided documents that would confirm her identity.
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It is assumed that the holding of court hearings in the mode of video conference provides an opportunity to save time and resources, as well as to speed up the consideration of the case.
Lawyer requests: the practice of the Podilsky District Court of the city of Kyiv
The judge of Podilsky District Court of Kyiv Kazmyrenko L.V. considered the case received from the Kyiv Region Bar Council of the National Bar Association of Ukraine regarding the administrative liability of Acting director of KP "Kyivre
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
The Criminal Procedure Code does not impose on the victim the obligation to determine the correctness of the qualification, which is the responsibility of the pre-trial investigation body and the prosecution
If the victim did not submit a statement about a criminal offense to the law enforcement authorities as a separate procedural document, however, before the beginning or during the pre-trial investigation and/or court proceedings, he clearly expre
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 VP of the Supreme Court resolved an exceptional legal problem and indicated by what criteria the amount of compensation for damage caused by illegal decisions, actions or inaction of regulatory bodies is determined: one for lawyers, another for lawyer
The taxpayer has the right to compensate, as part of the damage caused by the illegal decisions of the controlling authorities, the costs of legal support not related to the protection provided by a lawyer, in particular within the scope of the a
Chairman of the Bar Council of the Kyiv Region, Petro Boyko: “As soon as a chief appears in the bar, then this bar is over.”
Petro Boyko, Chairman of the Kyiv Region Bar Council: "We are a successful organization that stands firmly on its feet"
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 lack of legal protection measures during pre-trial and court proceedings causes irreparable damage to the right to defense
Obstructing the accused's access to a lawyer without providing individualized reasons undermined the fairness of the subsequent criminal proceedings, since the initial indictment was accepted as evidence.
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.
Lawyer requests: the practice of the Shevchenkiv District Court of the city of Kyiv
The Shevchenkivskyi District Court of the city of Kyiv considered the administrative material received from the Council of Advocates of the Kyiv Region of the National Association of Advocates of Ukraine, about bringing to administrative responsi
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.