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06.11.2023

Return of the appeal under Art. 130 of the Criminal Procedure Code in the absence of a contract with a lawyer

Return of the appeal on the grounds that the lawyer did not attach a certified extract from the contract on the provision of legal assistance in cases under Art. 130 of the Labor Code of Ukraine.

The second part of Article 294 of the Code of Administrative Offenses stipulates that a judge’s decision in a case of an administrative offense may be appealed by a person brought to administrative responsibility, his legal representative, a defense attorney, the victim, or his representative within ten days from the date of the decision. In accordance with the requirements of Part 1 Art. 271 of the Code of Administrative Offenses, a lawyer or other specialist in the field of law, who by law has the right to provide legal assistance personally or on behalf of a legal entity, can be a defender in a case of an administrative offense.

In accordance with the requirements of the second part of Article 271 of the Code of Administrative Offenses of Ukraine, it is determined that the attorney’s authority to participate in the proceedings is confirmed by a power of attorney to conduct the case, certified by a notary public or an official who, in accordance with the law, is given the right to certify a power of attorney, or by a warrant or mandate from a body (institution) authorized by law for the provision of free legal aid, or a contract for the provision of legal aid. An extract from the contract must be attached to the warrant, which specifies the attorney’s powers or limits on his rights to perform certain actions as a defense attorney.

The extract is certified by the signatures of the parties (April 7, 2023, Kyiv Court of Appeals in case No. 756/817/23, Odesa Court of Appeals in case No. 501/506/23).

Conclusion: The lawyer’s failure to attach a certified extract from the contract on the provision of legal assistance in cases under Art. 130 of the Code of Administrative Offenses is the basis for the return of the appeal and the actual deprivation of the right to review the court decision.

Source: Legal Bulletin of Ukraine

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