This is stated in the decision of the Bar Council of Ukraine No. 137 of December 15, 2021 "On Amendments to the Procedure for Admission to Taking the Qualification Exam, the Procedure for Taking the Qualification Exam and the Methodology for Evaluating the Results of the Qualification Exam for Acquiring the Right to Practice as a Lawyer in Ukraine and the Provision on the organization and procedure of completing an internship for a person to obtain a certificate of the right to engage in the practice of law."
The Bar Council of Ukraine, having considered the letter of the Chairman of the Bar Council of the Mykolaiv region Antipchenko V.K. regarding the provision of clarifications on how to apply the requirements of Article 6 of the Law of Ukraine "On Advocacy and Advocacy" to the bar councils of the regions and the qualification and disciplinary commissions of the bar in the regions regarding the command of the Ukrainian language by a person who intends to acquire the status of a lawyer, and making appropriate changes to The procedure for admission to taking the qualifying exam, the procedure for taking the qualifying exam and the methodology for evaluating the results of the qualifying exam for acquiring the right to practice as a lawyer in Ukraine and the Regulations on the organization and procedure for completing an internship for a person to obtain a certificate of the right to practice as a lawyer in part of the list of documents, which are provided by persons who have expressed a desire to acquire the status of a lawyer, draws attention to the following.
In accordance with the first part of Article 6 of the Law of Ukraine "On Advocacy and Advocacy", an individual who has a full higher legal education, speaks the state language, has work experience in the field of law for at least two years, has passed a qualification exam, completed an internship can be a lawyer. (except for the cases established by this law), took the oath of a lawyer of Ukraine and received a certificate of the right to practice law.
According to Clause 11 of Part 1 of Article 9 of the Law of Ukraine "On Ensuring the Functioning of the Ukrainian Language as the State Language", lawyers are required to know the state language and use it during the performance of official duties.
In accordance with Part 3 of Article 10 of the Law of Ukraine "On Ensuring the Functioning of the Ukrainian Language as a State Language", the level of mastery of the state language by persons specified in Clauses 2, 5, 6, 8, 11, 12, 14-16 of Part One of Article 9 of this Law is certified by a document on complete general secondary education, provided that such a document confirms the person's study of the Ukrainian language as a subject (discipline), or a state certificate of proficiency in the state language issued by the National Commission for State Language Standards in accordance with this Law.
The Bar Council of Ukraine, taking into account the above, as well as the suggestions of the Chairman of the Bar Council of Ukraine L.P. Izovitova. and the Chairman of the Bar Council of the Volyn Region Rudenko G.A. on making changes to the Procedure for admission to taking the qualifying exam, the procedure for taking the qualifying exam and the methodology for evaluating the results of the qualifying exam for acquiring the right to practice as a lawyer in Ukraine and the Regulation on the organization and procedure of completing an internship for a person to obtain a certificate of the right to practice as a lawyer; taking into account the comments and additions of members of the Bar Council of Ukraine; guided by Article 55 of the Law of Ukraine "On Advocacy and Advocacy", the Regulation on the Bar Council of Ukraine, decided:
- To make changes and additions to the Procedure for admission to taking the qualifying exam, the procedure for taking the qualifying exam and the methodology for evaluating the results of the qualifying exam for acquiring the right to practice law in Ukraine, approved by the decision of the Bar Council of Ukraine No. 270 of December 17, 2013, as amended (appendix #1).
- Make changes and additions to the Regulation on the organization and procedure of internship for a person to obtain a certificate of the right to practice law, approved by the decision of the Bar Council of Ukraine No. 80 of June 1, 2018, with changes (Appendix No. 2).
Along with the application for admission to the qualifying exam, the applicant provides the following documents:
- document of the state standard (original and notarized copy) and annexes to it, confirming the applicant's acquisition of a full higher legal education, not lower than a master's degree (specialist) – second (master's) level, specialty – "law", "jurisprudence", "law enforcement" activity", "international law"; (with changes introduced by the decision of the Bar Council of Ukraine dated June 26, 2019 No. 72)
- document(s) confirming that the Applicant has at least two years of work experience in the field of law (original and notarized or certified copy at the place of work). Documents confirming the seniority of a lawyer's assistant are: an employment contract with a lawyer (law firm, bar association), a certificate (certificates) from the competent body (bodies) about the amount of the paid single social contribution, and personal income tax for the time of work for position of assistant attorney; (as amended by the decision of the Bar Council of Ukraine dated October 25, 2014 No. 179)
- certificate of the established form, which contains information from the personal reference record of the unified information system of the Ministry of Internal Affairs of Ukraine about the absence (presence) of a criminal record" (abbreviated); (as amended by the decision of the Bar Council of Ukraine dated October 12, 2018 No. 164)
- a certificate from a medical institution about the applicant's state of health (medical certificate about passing mandatory preliminary and periodic psychiatric examinations, form No. 122-2/o, approved by Order of the Ministry of Health of Ukraine No. 12 dated January 17, 2002);
- handwritten, certified by a personal signature, a certificate confirming that in the last two years, preceding the application, the applicant did not pass the qualification exam for the right to practice law in any qualification and disciplinary commission of the bar of the region, that he was not issued a certificate of the right to practice lawyer's activity and no decision was taken to revoke such a certificate; (as amended by the decision of the Bar Council of Ukraine dated September 25, 2015 No. 104)
- the original and a copy of the document, which, in accordance with the procedure established by law, confirms the registration of the Applicant's place of residence;
- a copy of the card of an individual taxpayer, with the exception of cases where the person has the right not to receive such a card according to the law;
- a copy of a document on complete general secondary education, provided that such a document confirms the person's study of the Ukrainian language as an educational subject (discipline), or a state certificate of proficiency in the state language issued by the National Commission for State Language Standards. (supplemented, in accordance with the decision of the Bar Council of Ukraine dated December 15, 2021 No. 137)