On October 17-18, 2013, Higher Qualification and Disciplinary Bar Commission held its eighth public meeting, this time in Donetsk. 40 issues made the agenda of the event.

During consideration of complaints on the decisions of disciplinary chambers of regional Qualification and Disciplinary Bar Commissions, Commission members noted that some regional Commissions’ reports were signed only by the head of Qualification and Disciplinary Bar Commission. Head of the Higher Qualification and Disciplinary Bar Commission announced initiative to provide regional Qualification and Disciplinary Bar Commissions as well as their chambers with recommendations on execution documents to avoid future mistakes in sorting out paperwork within the disciplinary cases.

The meeting’s agenda included complaint on the decision of the disciplinary chamber of regional Qualification and Disciplinary Bar Commission regarding denial in opening disciplinary case on advocate. Regional Qualification and Disciplinary Bar Commission in motivational part of its decision pointed out that disciplinary case regarding advocate could not be opened due to expiration of prosecution period of bringing advocate to the disciplinary responsibility.

Moreover, the Higher Qualification and Disciplinary Bar Commission concluded that the mentioned decision of regional Qualification and Disciplinary Bar Commission is inconsistent with regulation of the Law of Ukraine “On the Bar and Legal profession” and needs to be canceled, since the question whether there are grounds for opening disciplinary case or not needs to be answered at the stage of opening disciplinary case. The issue of brining advocate to responsibility, as well as estimating limits for brining advocate to responsibility, has to be clarified at the stage of a making decision in disciplinary case based on the results of its consideration.

At the end of the meeting Valentyn Zagariya mentioned that the Commission is forming practice in cases of brining advocates to the disciplinary responsibility which has to become landmark decision. He also said that the tradition of holding meetings in the regions should continue because it stimulates communication with regional Commissions and creates an opportunity to discuss issues of current cooperation.

The Higher Qualification and Disciplinary Bar Commission of Ukraine is pleased to express gratitude for the organization of meeting to Anatoliy Batchenko, Head of Donetsk Regional Qualification and Disciplinary Bar Commission.