Familiarization with the cases
A room for familiarization with cases has been arranged in the Sixth Administrative Court of Appeal for the convenience of visitors. It is located at the address of the court: 8 Moskovs’ka St., block 30, courtroom No.6.
In accordance with the current legislation of Ukraine, participants of legal proceedings have the right to familiarize with case materials, make extracts from them, make copies of documents attached to the case, and receive copies of court decisions.
This application should be accompanied by an identity paper, or a document confirming the representative authority (if an application is filed by a representative), in particular:
• service certificate;
• documents confirming powers of an attorney to provide legal aid (power of attorney or warrant);
• an order of the body (institution) authorized by the law to provide free legal aid;
• an order of a state body authorized by the law to represent its interests in court.
Date and time for case familiarization shall be discussed together with filing an application.
Familiarization with cases shall be carried out exceptionally in the court building, in the room for familiarization with cases, and in the presence of a court employee during court working hours.
Special aspects of familiarization with cases for a legal assistant
In accordance with Parts 1-3 of Article 16 of the Law of Ukraine “On Advocacy and Legal Practice”, an attorney can have a legal assistant among persons having a higher legal education. Legal assistants work on the basis of an employment agreement (contract) concluded with an attorney, law office, and law association, in compliance with the requirements of this Law and labor legislation.
A legal assistant executes an attorney's instruction in cases that are in the process of the defense of an attorney, except those that belong to the procedural powers (rights and duties) of an attorney.
Regulation on the legal assistant is approved by the Bar Council of Ukraine.
In accordance with clause 8.2.6 of the Regulation on the legal assistant, approved by the Resolution of the Bar Council of Ukraine dated September 25, 2015, No. 113 (as amended), an assistant of an attorney (law office, association), subject to the written consent of a client of an attorney (law office, association), has the right to familiarize with cases, take notes and copies by order of an attorney in open-and-shut cases.
Therefore, the resolution of the bar self-government body has determined the mandatory conditions under which an attorney’s assistant is entitled to familiarize with case materials, namely:
• client`s written consent;
• attorney`s instruction;
• open-and-shut case.
Client`s written consent on familiarization with case materials may be contained in the agreement on provision of legal services or be set out in another written form, convenient for the parties of the agreement.