“The response of Rafal Inna Vladislavovna to the article “Queen” of fake certificates again in the case “: the question of recognition or non -recognition (Art. 48,50,55 of the Law of Ukraine “On”, – WRITE ON: ua.news
The response of Rafal Inna Vladislavovna to article “Queen” of fake certificates again in the case “:
The issue of recognition or non -recognition of decisions of conferences of lawyers of the region is not within the competence of the Council of Advocates of Ukraine (Article 55 of the Law of Ukraine “On Advocacy and Advocacy”.
In November 2022, the term of office of all regional and central bodies of advocacy of self -government ended (Art. 48,50,555 of the Law of Ukraine “On Advocacy and Advocacy”).
Since November 2022, the bodies of advocacy in Kyiv have not been formed. For signing and submission of exclusively tax reporting from legal entities – bodies of self -government, G. Kolesnik was temporarily appointed order (according to information with the EDSRSR on the dispute – the order was canceled by the Ministry of Justice).
In order to eliminate obstacles in lawyer’s activity, the Supreme Court made a number of decisions, in particular, that in accordance with Article 43 of the Law on Advocacy and Advocacy “, the bodies of advocacy have not been entitled to interfere (interfere with) advocacy.
One of the legislative requirements that ensures the exercise by a lawyer of his powers is the inclusion of information about him in the Unified Register of Advocates of Ukraine and its reflection on the official website of a non-governmental non-profit professional organization “National Association of Advocates of Ukraine” (www.unba.org.ua), and non-dispensing.
Law No. 5076-VI does not establish cases in which the defendant is released from the obligation of information on the number and personal composition of lawyers of Ukraine ”(Cases №826/2079/18, No. 826/10717/18, No. 826/1765/18 and others). Rau-NAAU has no discretionary powers, since the Law on Advocacy A Advocacy does not allow any options/decisions, except displaying information about the lawyer in Erau (Cases No. 640/25714/19, No. 640/22054/21, No. 640/24/1545 June 22, 2023 N 640/28126/20; N K/9901/43120/21 № 640/28126/2034.
The Supreme Court again stressed the NAAU that, based on the analysis of the above provisions of the legislation, the Supreme Court notes that the following information is entered in the Unified Register of Advocates of Ukraine:
surname, name and patronymic of the lawyer; data of the certificate of the right to practice law, or information on the inclusion of a lawyer of a foreign state in Erau;
the name and location of the organizational form of advocacy, numbers of communications;
the address of the lawyer’s workplace, communication numbers;
information on suspension or termination of the right to practice law;
Other information, including at the lawyer’s request.
Therefore, this is a list of information about a lawyer, which must be entered in Erau. The information is made to the ERU is carried out by the Council of Advocates of the Regions and the Council of Advocates of Ukraine.
This happens on a two -tier principle: the first level of information in ERU is provided by the Councils of Advocates of Regions, the second level – the Council of Advocates of Ukraine. The introduction of mandatory information is ensured through the realization of the tasks of lawyer self -government, which consist, in particular, in ensuring the openness of information on the lawyer and lawyer; Ensuring the maintenance of the Unified Register of Advocates of Ukraine.
Required information is entered without a separate application. On authority. The conferences of lawyers of the city of Kyiv repeatedly elected the chairman of the Council of Advocates of the city of Kyiv, Rafalsk IV. Since 2016, administrative courts have considered disputes regarding the registration actions related to the change of management and information of the Council of Advocates of the City of Kyiv in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Formations.
By the order of the Ministry of Justice of Ukraine dated 25.10.2016 №3055/5 “On cancellation of registration action in the Unified State Register of Legal Entities, Individuals – Entrepreneurs and Public Formations” the complaint of Rafalskaya IV. October 18, 2016 was satisfied in full.
The registration effect was canceled in the Unified State Register of Legal Entities, Individuals – Entrepreneurs and Public Formations of October 11, 2016 No. 107410700030444323 “Making changes to information about a legal entity that is not related to changes in the constituent documents” regarding the Council of Bar of Kyiv (EDRPOU code 3851
Thus, in accordance with the procedure established by law, information in the EDR about Rafalsk Inna Vladislavovna was restored as the chairman of the Board of Advocates of the City of Kyiv.
Order of the Ministry of Justice of Ukraine dated 25.10.2016 №3055/5 has not been changed or canceled, as evidenced legal entities, natural persons – entrepreneurs and public formations ”, which is a complaint of Rafalskol IV. October 18, 2016 was satisfied in full.
In another court case No. 826/8513/17, the requirement to recognize unlawful and cancellation of the registration action on the change of the head of the Council of Advocates of the city of Kyiv was considered. In fact, Rafalsk Inna Vladislavovna, as the head of the Board of Advocates of Kyiv, tried to exclude from the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Formations from the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Formations.
The resolution of the Supreme Court in the Cassation Administrative Court of September 15, 2022 in Case No. 826/8513/17 closed proceedings in the case for declaring unlawful and cancellation of the registration action of the state registrar of the real estate of a private notary of the Kyiv City Notary District Zmyslovskaya T. №10741070014044323 dated 16.06.2017 on the change of the head of the legal entity – frame. Paragraph 80 of the said decision of the court states: “From the factual circumstances of this case it is also seen that the minutes of the conference of lawyers of the city of Kyiv dated 27.04.2017, the authority of Ryabenko PK was terminated. as chairman of the Council of Advocates of the City of Kyiv in connection with his non -absence to this position in accordance with the procedure established by the current legislation, as well as renewed as chairman of the council of lawyers of the city of Kyiv Rafalsk IV.
Paragraph 81 of this Resolution states: “It is on the basis of the aforementioned protocol of the conference of attorneys of Kyiv dated 27.04.2017 by Rafalskaya IV, as the head of the Council of Advocates of the City of Kyiv, which Ponanov Leno as chairman of the Council of Advocates of Kyiv according to the said document, from paragraphs 80 – 82 of the above resolution of the Armed Forces, it is seen that on April 27, 2017, a conference of lawyers of the city of Kyiv was held, the protocol of which was terminated by Ryabenko PK, as the head of the Council of Advocates of Kyiv. In the above case, Ryabenko PK He tried to challenge the registration actions of the state registrar, which took place on June 16, 2017 on the basis of the above protocol of the Conference of Advocates of the City of Kyiv, but he failed – this – on September 15, 20122, the Armed Forces canceled the previous decisions of the lower courts in this case and closed it. On July 29, 2024, the Supreme Court considered the cassation complaint of Ryabenko PK. , in which he requested to declare unlawful and cancel the registration action committed by the state registrar on the reflection in the EDR of the FOP of the NGO Council of Advocates of the city of Kyiv Rafalskaya IV, in the satisfaction of the cassation complaint of Ryabenko PK. It was denied that the courts of the previous instance were left in force (Case No. 640/6693/19). Thus, all disputes over the authority are exhausted.
