20 февраля 2017      390    

Lawyer in Ukraine

Lawyer in UkraineCriminal pre-trial procedures and court investigation.

38 (067)591 75 97  Phone translator — We speak English, Nous parlons français


    The lawyer participating in criminal proceedings has the right to defend a suspect, an accused person (a defendant), represent interests of a victim, a civil plaintiff, a civil defendant, a private prosecutor, and provide legal assistance to a witness.

When resolving the issues related to criminal proceedings (detention, convoy, arrest), the detainee, the person suspected of committing a criminal offense, as well as his/her family should require prompting of a lawyer (defense attorney) in order to enter into an agreement with the lawyer (defense attorney) as soon as possible, preferably within 24 hours since the detention, because, when the defendant  has no qualified legal aid, he/she usually gives evidence that could be used against him/her or acts in a way that can significantly worsen his/her situation in the criminal proceedings.

When you need to as a lawyer for help in criminal cases.

When someone knocks on your door and says “Open, it’s the police”, and a subsequent search or arrest are expected.

When a person is detained with suspicion of having committed an offense.

When an investigator calls on the phone for questioning or requires to sign papers.

When you receive a summons to court and you do not know what should be done.

When the police puts pressure on you when you are charged with offenses that you have never committed.

When there is a risk of levying a distress on your property to secure a civil action.

What help we can provide in criminal proceedings.

Article 46 General rules for participation of a defense attorney in criminal proceedings.

1. The defense attorney has no right to assume defense of another person or provide legal aid to him/her if it is contrary to the interests of the person to whom the defense attorney provides or has previously provided legal aid.

2. Defense attorney’s failure to arrive for participation in specific procedural actions, if the defense attorney was previously informed about those steps, and if the suspect or the defendant does not object to the procedural actions in the absence of the defense, shall not be the basis to recognise this procedural action as illegal, except for the cases when defense attorney’s participation is mandatory.

If the suspect or the defendant objects to the procedural actions in the absence of the defense, the procedural action shall be postponed or a defense attorney shall be involved for such procedural action in the manner prescribed in Article 53 of the present Code.

3. At most five defense attorneys shall be allowed to participate in the legal proceedings regarding the accused person.

4. The defense attorney enjoys the procedural rights of the suspect or the accused person whose defense he/she provides, with the exception of the procedural rights, which are exercised directly by the suspect or the accused person and shall not be entrusted to the defense attorney since the moment when the documents envisaged in Article 50 of the present Code have been provided to the investigator, the prosecutor, the investigating judge or the court.

5. The defense attorney has the right to participate in interrogation and other legal proceedings, which are conducted with participation of the suspect or the accused person and to have a confidential meeting with him/her before the first interrogation without the permission of the investigator, the prosecutor, or the court, and after the first interrogation with no limitation in the number and the duration of such confidential meetings. These meetings can take place under visual control of an authorised official, but in the conditions that exclude a possibility of tapping or interception.

6. The documents relating to the defense attorney’s duties, shall not, without his/her consent, be subject to inspection, seizure or disclosure by the investigator, the prosecutor, the investigating judge, or the court.

7. The public authorities and local governments and their officials are required to comply with the legitimate demands of the defense.

Achieve the acquittal based on the case materials.

Replace the imprisonment with a more lenient punishment, and in some cases replace it with a fine.

Close the criminal proceedings or apply the amnesty if there are grounds for this.

Release the accused person from custody, and provide legal aid in the investigation and trial procedures.

Signing of an agreement with the client is mandatory.

Lawyer’s fees are established by agreement with the client. Fees may be paid on the hourly or ad hoc basis.

Civil cases and civil proceedings.

     The lawyer in civil proceedings has the right to represent the interests of a civil plaintiff, a civil defendant, or a third party taking part in the proceedings, provide legal assistance in the cases of the first instance, appeal and cassation instances, issue necessary legal documents (suits, complaints, petitions, motions, and appeals on court decisions), and provide consulting and collect the necessary evidence base.

So what is the difference between a legal adviser and a lawyer (a defense attorney)?

The lawyer (defense attorney) is also a legal adviser, but he/she has a certificate granting him/her the right to practice law; another prerequisite for this activity is the lawyer’s registration in the State Register of Lawyers of Ukraine.

According to Article 109 of the Civil Procedural Code of Ukraine, the jurisdiction depends on the defendant’s location

1. Claims to an individual brought in the court in the area of the individual’s residence or stay as registered in accordance with the law.

2. Claims to a legal entity are brought in the court in the area of the entity’s location.

When you need to ask a lawyer to help in civil matters.

When the spouses cannot divide the property without trial in the case of a divorce and division of property.

In cases of adoption, termination of parental rights, determination of child’s place of residence of the child, child support payments.

In cases of recognition of a will, a sale contract, a donation contract as null and void.

In cases of compensation for material and moral damage caused by an accident; disputes with banks, and insurance companies.

Signing of an agreement with the client is mandatory.

Lawyer’s fees are established by the agreement with the client. Fees may be paid on the hourly or ad hoc basis.

 

 

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