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Beginning of November witnessed adoption of two precedent-setting court rulings of the Court of Appeal of the Autonomous Republic of Crimea, which allowed attorney’s appeals on the decisions of a court of the first instance.

Recently Higher Qualification and Disciplinary Bar Commission noted that problem of ignoring or late providing information on attorney’s request was a pressing matter that needs to be settled.

The Law of Ukraine “On the Bar and Advocacy” declare distinct tool of ensuring attorney’s right to information and foresee administrative responsibility 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.

Thus on November 12, 2013 the Court of Appeal of the Autonomous Republic of Crimea having examined appeal complaint on decision of the Central regional court of Sevastopol of the Autonomous Republic of Crimea as of September 25, 2013 in case on imposition of administration sanctions to the head of Crimean republican enterprise “Simferopol inter-city registration and technical inventory bureau” issued decree. According to this decree actions of the mentioned above official are a specified form of administrative violation, which is described in the first part of the article 212-3 of the Code of Ukraine on Administrative Offences.

Court decision regarding presence in actions of the mentioned official form of the administrative offence, described in the first part of the article 212-3 of the Code of Ukraine on Administrative Offences, is based on the fourth part of the article 21 of the Law of Ukraine “On information”. According to this, information with limited access cannot be related to the reports regarding facts of the violation of the rights and liberties of a person and citizen. In addition to the above, as the court of the appeal instance adapted, attorney applied with attorney’s request in regards with providing legal support to the specific individuals, aiming to defend law breach, within protection of human rights, in the court in a legal procedure.

Moreover, on November 12, 2013 the Court of Appeal of the Autonomous Republic of Crimea after consideration of the attorney’s appeal on the decision of the Zaliznychnyi regional court of Simferopol city of the Autonomous Republic of Crimea dated September 17, 2013 in case regarding holding liable the head of Simferopol regional technical inventory bureau, specified in actions of the mentioned official form of administrative violation, described in the first part of the article 212-3 of the Code of Ukraine on Administrative Offences.

By ruling the decision the Court of Appeal of the Autonomous Republic of Crimea concluded that not responding on attorney’s request is unaccountable.

It should be noted that attorneys started to defend their rights to information due to attorney’s request more actively while courts inversely defend attorney’s rights.