For the first time in the history of Ukraine, the Law of Ukraine “On Advocacy and Advocacy” allowed the practice of advocacy in its territory by foreign lawyers.
Thus, in paragraph 4 of Art. 4 of the Law of Ukraine “On Advocacy and Advocacy”, it is stated that a lawyer of a foreign state conducts a lawyer’s activity in the territory of Ukraine according to this Law, unless otherwise stipulated by an international agreement, consent to the responsibility of which has been provided by the Verkhovna Rada of Ukraine.
This necessitated scientific research and improvement of the legal regime of activity of foreign lawyers in the territory of our country. In particular, Ukrainian legislation needs to be improved by introducing rules on status and limits for implementation lawyers’ activity by lawyers of foreign states, taking into account the international commitments made by Ukraine and the experience of foreign countries.
The provisions of the Law “On Advocacy and Law Firm” stipulate that a lawyer of a foreign state, who intends to practice law in the territory of Ukraine, applies to the qualification and disciplinary commission of the lawyer at his place of residence or stay in Ukraine with a statement about his inclusion in the Unified Register lawyers of Ukraine.
The application shall be accompanied by documents confirming the right of such a lawyer to practice law in the foreign country concerned.
The list of such documents, as well as the procedure for admission to the qualifying examination, the procedure for drawing up and the method of evaluating its results, are approved by the Council of Advocates of Ukraine.
The Bar of the Bar Association of Qualification and Disciplinary shall consider the application and the documents submitted by the lawyer within ten days from the date of their receipt, and in the absence of grounds provided by law, make a decision to include such a lawyer in the Unified Register of Advocates of Ukraine, of which within three days inform the lawyer in writing. and the relevant Bar Council of the region.
The Bar Council of the Region ensures that such a lawyer is entered in the Unified Register of Advocates
In most countries of the world there is a system of obtaining special permits (licenses) for legal practitioners to carry out legal work practice or have a special procedure for attaining the status of a lawyer.
In the US, a court may, at its discretion, issue a license to practice as an exam a legal adviser in that state to a foreigner who is over 26 years of age and who meets the following criteria: that person has been a lawyer in the foreign country for at least five years immediately preceding the application; possesses the necessary moral qualities and meets the general eligibility requirements for membership of the State Bar Associations; intends to practice in this state as a legal adviser as well has an office in this state for this purpose. Subject to certain limitations, a licensed legal practitioner is considered to be an attorney with the State Bar Association and has all the rights of a state lawyer.
The main statutory instrument that establishes the legal status of the bar in Germany is the Federal Law on the Bar 1959.
he law on the practice of European lawyers distinguishes between two types of professional activity of foreign lawyers: the practice of a lawyer as a European lawyer with a temporary office in Germany and provision of services in the territory of the Federal Republic of Germany. In addition, it is also possible to list legal advisers in any of the German Bar Chambers.
A foreign lawyer may act as a European lawyer having an office in Germany (owning an “office” means continuous rather than temporary activity) and only then will he be credited to the relevant lawyer’s chamber in Germany as a European lawyer.
he appropriate local law firm in Germany is the law firm that serves the administrative unit in which the foreign lawyer wants to have an office. A foreigner practicing law must submit to the Bar a yearly documents proving his or her identity
to a lawyer in your own country and a civil liability insurance contract.
After being admitted to the Bar, the lawyer-lawyer becomes a member of this Chamber in Germany.
So in doing his business, he is may refer to membership in the German Bar. Upon admission to the practice of advocacy, the listing in a German court of a professional status of a European lawyer is in principle equal to that of a German lawyer.
It should be noted that there are still no professional legal services in the Ukrainian market foreign lawyers are sufficiently represented. There can be many reasons for this, but the basic is the imperfection of the legal regulation of the legal status of a foreign lawyer in Ukraine.