Review

With the adoption of the Law of Ukraine «On Bar and Practice of Law» in 2012 the legal institute of foreign attorney was introduced, legitimizing legal practice of lawyers, who obtained attorney’s license in other countries, in Ukraine. Despite its progressiveness, it has not become widespread and has not been marked by the support of representatives of domestic advocacy. Hence, according to Unified register of attorneys of Ukraine only 19 foreign attorneys are registered in Ukraine.

Apparently, such figures give little grounds to ponder over popularity of legal institute of a foreign attorney in Ukraine. Reasons of such state of affairs, evidently, originate in conditions for conducting professional legal activity of foreign attorneys at the national level. Because Article 59 of the Law of Ukraine «On Bar and Practice of Law» envisages that a foreign attorney may practice law in Ukraine, considering certain peculiarities. In other words, the legal status of a foreign attorney in Ukraine differs from the legal status of a national attorney. From this perspective, it is important to realize not only specific features of professional activities of a foreign attorney in Ukraine, but also, to what extent the state, that undertook to introduce such novation, provides (guarantees) possibility to foreign attorneys to exercise their rights. This is because guarantees of legal practice of attorneys are inextricably connected with professional rights of any attorney. A possibility to exercise attorneys’ professional rights depends on an effectiveness and efficiency of these guarantees.

The legal guarantees of foreign attorneys’ professional activities on the territory of the state reflect the political will of its public authorities to ensure a deep integration of such state in the system of free cross-border movement of legal services.

One of the features of legal guarantees is their normative consolidation in some legal acts. Thus, depending on the source, guaranties of professional activities of foreign attorneys in Ukraine may be classified on international and national ones.

Despite high importance of international guarantees of professional activities of foreign attorneys in Ukraine, that serve as a benchmark for international standards’ formation in the sphere of advocacy, they have generalized, declarative character and require concretization at the level of national legislation.

The current law of Ukraine guarantees to foreign attorney equality of rights with other participants in court proceedings, compliance with adversarial principles and freedom of evidence provision and prove of their credibility. At the same time, effectiveness of guarantees of independency and prevention of interference with the professional activities of a foreign lawyer does not take into consideration his/ her specific status under the Law of Ukraine «On the legal status of foreigners and persons without citizenship». This requires adoption of additional guarantees by amending the Law of Ukraine «On Bar and Practice of Law».

References

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