The essential part of advocates’ practice is necessity of access to information which is important for providing qualified legal support. The most efficient method of receiving such kind of information is an attorney’s request. Although this cornerstone of attorney’s practice has always been, and remain facing serious obstacles which attorney’s have to overcome in their daily practice. Numerous appeals to the court authorities for claiming unlawful deny in providing information confirm this fact.
Legislative base, namely Law of Ukraine “On Bar and Advocacy”, foresee transparent scheme of securing attorney’s right to information which consists of establishment administrative liability for deny in providing information on attorney’s request, late or incomplete providing information, providing untruthful information except for the cases of refusal in providing information with limited access.
Based on the Article 24 of the abovementioned Law, attorney’s request is a written reference being filled by attorney to the state authority, local self-government authorities and the officials there of, enterprises as well as organizations regardless of their ownership form and subordination, public associations regarding providing information, documents’ copies, required for attorney to render legal assistance to the client. It should be emphasized that the Law prohibits requiring attorney to attach other documents to the attorney’s request. The practical attitude of abovementioned institutions to attorney’s request is in stark contrast to envisaged provisions. After receiving attorney’s request they usually demand the copy of the agreement on providing legal services, along with ignoring request and violating terms of response. Such kind of attitude abuses the attorney’s right to information which is integral part of rendering quality legal services.
Thus unlawful refusal in providing information should be appealed to the court. Below we publish several examples of the recent court rulings both establishing the fact of violation by the officials of enterprises and organizations of the advocate’s right to information by means of advocate request and imposing fines on the officials.
Having examined case materials on imposition of administration sanctions on the director of Regulating Automotive Insurance Types Department of the financial institution, Podil District Court of Kyiv approved the resolution as of September 2, 2013 on imposing a fine thereon.
Similarly, Obolon District Court of Kyiv, having examined case materials on imposition of administration sanctions on the Head of higher educational institution, approved the resolution as of September 6, 2013 on imposing a fine thereon.
The aforesaid court judgments, based on the article 24 of the Law “On Bar and Advocacy”, are mandatory and envisage liability (as opposed to a right) of the organization to provide the information and documents in return to the attorney’s request, except for the information with limited access and documents’ copies containing information with limited access. Meanwhile, in both cases attorneys asked for the information regarding their clients which exclude establishing limitations in access to such kind of information for attorney.
Valentyn Zagariya, the Head of the Commission, noted: “Adoption the Law of Ukraine “On Bar and Advocacy” is the first step towards creating truly efficient scheme of realization the attorney’s right to information. Meanwhile, advocates ought to defend their rights to information more actively during providing legal support to the client. In return, authorized advocates’ self government institutions will assist in the liability of offenders to responsibility. Only in this case the leverage established by the Law will provide realization of the attorney’s right to information”.
