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07.12.2022

The lawyer has the right to represent the client’s interests in the DRATS departments on the basis of an electronic contract

The Council of Bars of Ukraine adopted decision No. 121, which approved clarifications regarding the possibility for lawyers to represent clients' interests based on a contract concluded in electronic form , as well as the need for the client to give consent to the disclosure of confidential information.

The clarification project was prepared by the Committee on Family Law of NAAU, whose tasks include identifying current problems in the field of family law and facilitating their resolution.

The RAU, having examined the materials of the appeals of the representatives of the DRATS departments, taking into account the conclusion of the Committee on Family Law of the NAAU, clarified:

1) the conclusion of a contract on the provision of legal assistance between a client and a lawyer in electronic form and its signing using an electronic digital signature is provided for by legislation and complies with its norms. On the basis of such an agreement, the lawyer has the right to represent the interests of the client in the departments of state registration of civil status acts on the implementation of personal non-property rights;

2) the client's consent to the processing of his personal data, set out in a separate clause in the contract on the provision of legal assistance, executed in electronic form, meets the requirements of the special Law – "On the Protection of Personal Data" and is a sufficient basis for obtaining confidential information, in particular regarding marital status , a lawyer in the bodies of state registration of acts of civil status.

You can find out more about the decision of RAU No. 121 at the link .

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