Hromko V. Lawyers request a procedural document in a court proceeding

DOI:10.33098/2078-6670.2020.9.21.96-102

Purpose: The purpose of this article is the desire to convey to the legal community, as well as to persons associated with the lawmaking process in the state, the need to amend the current legislation of Ukraine in the context of unloading the judicial system by providing such a procedural document as a lawyer’s request,  more important status and the imposition of stricter liability for failure to provide, or incomplete or improper, response to such a request.

  Methodology: The methodology involves the analysis of the available scientific and theoretical material, the legislative framework, in the part concerning procedural documents of the court, the lawyer and other law enforcement agencies, as well as their own practical experience.  The following methods of scientific cognition were used during the research: terminological, logical-semantic, system-structural, logical-normative, comparative, and others.Results: In the course of the research it was determined that there was a real practical problem related to obtaining information by lawyers in the course of their legal activity, as well as other issues arising from it, including the saving of court time.            An alternative is proposed to remedy and resolve issues related to this issue.          Scientific Novelty: Scientific novelty is to offer the legal community a fundamentally different approach to understanding the value and importance of a lawyer’s tool such as a lawyer’s request. Practical relevance: The results of the study can be used in the process of amending the Law of Ukraine “On Advocacy and Legal Activities”, as well as in the Criminal Code and Criminal Procedure Ukraine.

Keywords: lawyer, advocate, court, lawyer’s request, liability.

References

 1.On Access to Public Information:The Law of Ukraine № 2939-VI (2011, January13).Availableat: https://zakon.rada.gov.ua/laws/show/2939-17 (in Ukrainian)

 2. On Information: The Law of Ukraine№ 2658-XII (1992, October 2). Available at: https://zakon.rada.gov.ua/laws/show/2657-12 (in Ukrainian)

 3. On protection of personal data: Law of Ukraine (2010, June 1).Available at: https://zakon.rada.gov.ua/laws/show/2297-17 (in Ukrainian)

 4. Chebanenko, A.M.(2003). Zapyt u spravi – vazhlyva skladova chastyna diialnosti advokata[Inquiry into the case is an important part of the lawyer’s activity].Lawyer,3, 24-25.(in Ukrainian)