A lawyer, as an effective representative in the administrative process, can at the same time perform different actions. Is the specified person allowed to certify a copy of the power of attorney issued in his name?
The legal regulation of the specified issue is characterized by peculiar features. In particular, when determining whether a bona fide and purposeful attorney, who is an effective representative in an administrative proceeding, is allowed to certify a copy of a power of attorney issued in his name, the following legal sources should be analyzed:
Current legislation:
- the Constitution of Ukraine dated 28.06.1996 No. 254k/96-BP as amended (hereinafter referred to as the Constitution of Ukraine);
- Administrative Judicial Code of Ukraine dated 06.07.2005 No. 2747-IV with amendments and additions (hereinafter – CAC of Ukraine);
- Law of Ukraine "On Advocacy and Advocacy" dated 07.05.2012 No. 5076-V with amendments and additions (hereinafter – Law of Ukraine "On Advocacy and Advocacy");
Judicial practice:
- Resolution adopted by the Supreme Court as part of the panel of judges of the Cassation Administrative Court, dated 17.01.2019 in case No. 809/1092/18 (hereinafter referred to as the Resolution of the Supreme Court dated 17.01.2019 in case No. 809/1092/18);
- Resolution adopted by the Supreme Court as part of the panel of judges of the Cassation Administrative Court, dated 07/30/2020 in case No. 813/3993/17 (hereinafter referred to as the Supreme Court Resolution of 07/30/2020 in case No. 813/3993/17);
- – Resolution adopted by the Supreme Court as part of the panel of judges of the Cassation Administrative Court, dated 19.08.2021 in case No. 818/3711/15 (hereinafter referred to as the Resolution of the Supreme Court dated 19.08.2021 in case No. 818/3711/15).
The current legislation, being a multifaceted system of legal rules, currently provides the basic principles of effective and well-thought-out establishment of our Motherland as a sovereign, democratic, and legal state. For example, according to the legal norm, which is established by the domestic legislator in part 1 of Art. 131 2 of the Constitution of Ukraine, a bar exists to provide professional legal assistance in Ukraine.
The clear and unambiguous meaning of this provision regarding the comprehensive clarification of the issue we are investigating is specified by other normative legal acts, as well as judicial practice. How to understand this?
The administrative process is a very important part of legal activity. Persons with different legal status can take an active part in it, one of which, for example, is the so-called representatives.
The indicated participants of legal relations are characterized by a clear subject structure. In particular, in accordance with the legal norm, which was properly established in Part 1 of Art. 57 of the Civil Code of Ukraine, a representative in court can be:
- or a lawyer,
- or legal representative.
The current legislation guarantees the aforementioned participants of legal relations a whole range of property and non-property opportunities, which differ in their essence. In particular, according to the legal norm, which is fixed by the domestic legislator in clause 9. part 1 of Art. 20 of the Law of Ukraine "On Advocacy and Advocacy", during the practice of advocacy, a lawyer has the right to perform any actions not prohibited by the law, the rules of lawyer ethics and the contract on the provision of legal aid, necessary for the proper execution of the contract on the provision of legal aid, for example: to certify copies of documents in the cases he conducts, unless the law establishes another mandatory method of certifying copies of documents.
The effective implementation of the mentioned opportunities in the administrative process is characterized by relevant features. What does it mean?
The administrative file contains documents of different contents. For example, it includes a power of attorney, which the plaintiff or another person issued in the name of the lawyer.
Current legislation does not prohibit the above-mentioned person from taking certain actions. For example, in a whole series of legal norms, which have received the appropriate confirmation in the Civil Code of Ukraine, the Law of Ukraine "On Advocacy and Advocacy", as well as other normative legal acts, there are no indications that a skilled and conscientious lawyer is not qualified to testify a copy of the power of attorney issued in his name.
The administrative process consists of a number of interconnected axioms. In particular, one of the specified statements has the following content: "Everyone has the right to do what he is not prohibited to do by law."
From this it follows that the specified person is allowed to take the appropriate actions.
That is, a skillful and decent lawyer, who is an effective representative in the administrative process, at the same time has the right to certify a copy of the power of attorney issued in his name.
This legal concept is followed by well-founded judicial practice, which has developed as a result of high-quality and timely consideration of administrative disputes. For example, the Resolution of the Supreme Court dated January 17, 2019 in case No. 809/1092/18 provides that:
"A lawyer has the professional right to certify copies of documents in cases, in particular, copies of power of attorney."
A legal opinion similar in its content is enshrined in other decisions that were adopted by the specified state authority in the appropriate order. In particular, such procedural documents are:
- Resolution of the Supreme Court dated 30.07.2020 in case No. 813/3993/17;
- Resolution of the Supreme Court dated 19.08.2021 in case No. 818/3711/15.
Therefore, a conscientious lawyer who takes an active part in an administrative case has the right to certify a copy of the power of attorney issued in his name.