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Violation of the deadline for the transfer to the prosecutor of the protocols on the conduct of secret investigative (search) actions does not cause their results to be recognized as inadmissible

July 18, 2023 The Supreme Court, by the panel of judges of the First Judicial Chamber of the Criminal Court of Cassation in case No. 192/1350/19, satisfied the cassation appeal of the prosecutor, who challenged the decisions of the courts, which declared the results of secret investigative (search) actions as inadmissible evidence. The verdict of […]

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The time spent by a lawyer waiting for a court hearing is a component of legal aid, – the Supreme Court

If a lawyer has to wait for the judges to start considering his case in the Cassation Commercial Court of the Supreme Court, then he can hope that he will be paid for such a wait. The relevant position was expressed by the Cassation Economic Court of the Supreme Court in the additional resolution dated […]

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The main criterion for reimbursement of the cost of the conducted examination is named

When deciding the distribution of court costs, the court does not take into account when the expert opinion was ordered and the expert’s opinion was obtained (before or after the plaintiff filed a claim with the court), but whether these costs are directly related to the consideration of the case. The Grand Chamber of the […]

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The Committee for Veterans and Social Protection of Lawyers of the Kyiv Region Bar Council celebrated its 5th anniversary

On January 11, 2024, a solemn meeting of the Committee for Veterans and Social Protection of Lawyers of the Bar Council of the Kyiv Region was held at the Rus Hotel. After congratulatory words from the chairman of the Council Petro Boyk , the chairman of the KDKA of the Kyiv region Volodymyr Polishchuk , […]

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Mediation: a fashion trend or an urgent need?

At present, the full-fledged implementation of mediation in Ukraine is an urgent topic. This is related to the possibility of settling disputes out of court and the need to relieve the courts in conditions of excessive stay of cases in court proceedings. The existence of the mediation institute is one of Ukraine’s ways to the […]

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KVED for advocacy: what to specify

For the organization of reporting and taxation in Ukraine, there is a Classifier of types of economic activity. When starting a lawyer’s activity, during the registration of law offices and associations, you will have to decide on the correct areas of activity according to the KVED. The classifier systematizes the types of activities carried out […]

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Lawyer’s fee: how much do lawyers pay abroad

In all countries, lawyers in one way or another pay contributions to ensure the implementation of lawyer self-government. Somewhere they are bigger, somewhere smaller. Sometimes it depends on the region or the lawyer’s experience. Some bar associations introduce the possibility of installments. General information about the payment of the lawyer’s fee in different countries was […]

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Authorized capital of a lawyer’s office and a lawyer’s association: how much to determine?

When starting a lawyer’s office or lawyer’s association, in the decision on its creation and the statute, you must specify information about the size of the authorized capital. What amount should be specified? According to part 2 Art. 9 of the Law “On State Registration of Legal Entities, Individuals – Entrepreneurs and Public Organizations” The […]

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WARNING! From January 1, 2024, the new court fee rates will be in effect

Please note that from January 1, 2024, in accordance with the Law of Ukraine “On Court Fees” and the Law of Ukraine “On the State Budget of Ukraine for 2024”, court fee rates will change. The Law of Ukraine “On Court Fees” defines that a court fee is a fee charged throughout the territory of […]

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Happy New Year 2024!

Dear lawyers! Ukraine welcomes the new 2024 year of the Dragon, the year of energy and fire. A fire in which all our enemies should burn! Let the power of this beast overcome all troubles and give you the pleasure of life. The passing year was difficult and difficult, but let’s be grateful for all […]

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Judges of the Supreme Court spoke about the latest trends in the field of criminal law of Ukraine

In connection with the full-scale invasion of the Russian Federation on the territory of Ukraine, the attention of practitioners and scientists is focused on committed war crimes and crimes against the foundations of the national security of our state. The issue of the need to amend the Criminal Code of Ukraine to strengthen criminal liability […]

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Financial monitoring: when a lawyer must submit reports to the Ministry of Justice

Lawyers, law offices and bar associations become specially defined subjects of primary financial monitoring only when they accompany certain transactions. Therefore, they should ensure the organization and conduct of primary financial monitoring. The relevant provisions are contained in the Law “On prevention and counteraction of legalization (laundering) of proceeds obtained through crime, financing of terrorism […]

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Lawyers who are self-employed persons will be allowed vacations, – the project

The constitutional right to rest is ensured, in particular, by granting annual leave. Its minimum duration, as well as other conditions for exercising this right, are determined by law. But self-employed persons, including lawyers, cannot exercise this right today. People’s deputies proposed to correct this situation in draft No. 10357 dated 18.12.2023 “On Amendments to […]

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A day that we do not celebrate, but only celebrate…

It seems that not so long ago, Advocacy Day was the main holiday of all lawyers. On this day, there were always jokes about the fact that St. Nicholas must visit the lawyers with obligatory gifts for the defenders. And the very meaning of the word “protector” was different. Without a military color, but certainly […]

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Liability for non-fulfillment of the obligation to compensate for damage caused as a result of a road accident

Modern society needs an understanding of the principle of good faith. It would be much easier to live if this principle was observed by as many people as possible, and ideally by everyone. Good faith (Clause 6, Article 3 of the Civil Procedure Code of Ukraine) is a certain standard of behavior characterized by honesty, […]

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Happy Advocacy Day!

Dear lawyers! We sincerely congratulate all of you on the Day of the Ukrainian Bar Association! In these difficult times, I would like to, at least for the first time, move away from officialdom and templates and talk about our lawyer’s memory. About the memory that preserves hundreds of articles of law, thousands of facts […]

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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 […]

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Practical aspects of limitation of action in the conditions of martial law

The issue of statute of limitations has already been raised several times, but the development of legislation and the practice of its legislation, even under martial law, is so dynamic that it requires additional attention and analysis. Limitation of action as an institution of private law connects subjective substantive law with a logical chain, the […]

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Compensation for moral damage to relatives of victims of terrorist acts: analysis of decisions of the Supreme Court

In 2014, in connection with the invasion of Russian troops in Ukraine, the Anti-Terrorist Operation was launched and the territories on which it takes place were determined. However, there is a list of settlements where the activities of state authorities are temporarily not extended. Who is responsible for the death of people in the territory […]

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Criminal responsibility for smuggling will be introduced gradually

The Law Enforcement Committee recommended that the Verkhovna Rada adopt in the second reading the draft Law “On Amendments to the Criminal Code of Ukraine and the Criminal Procedure Code of Ukraine regarding the criminalization of smuggling of goods and excise goods, as well as false declaration of goods” No. 5420 . During the consideration […]

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