Lawyer for foreigners in Ukraine.

Integrated and comparative legal assistance between Ukraine andd  abroad (Europe, USA and common law countries).

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Comparative law is the branch of legal science that studies theyou orderlegal provisions (mostly of States, in our case Ukrainian on one side and on the other  foreigner, community and common law, in comparison with each other, through an analysis of their similarities and differences. From an in-depth study of comparisons (similarities and differences) between the Ukrainian and foreign legal regimes, for examplepious community or Italian, the so-called "integrated legal activity" was born.  

It is enough to take visionne of the image to follow, to better understand the complexity and diversity of foreign legal regimes compared to that of Ukraine and the need to make them interact without legal conflicts.

By integrated legal activity we mean the merging of legal regimes, within the framework of a unified organization, which must be carried out whenever a legal issue involves another state. In other words, it is a question of finding the compatible meeting point in both legal regimes, for example, between the European and the Ukrainian.  The classic examples are the mixed relations between Italy  and Ukraine, among which, the sales contract between Italy and Ukraine, mixed marriage, divorce or adoption between Italy and Ukraine, recognition of sentences and acts of the Public Administration between Ukraine and Italy, and any legal patrimonial relationship involving one or more Italian public or private entities to Ukraine and vice versa.

On the legal level of both Italy and Ukraine there are different ways of regulating and resolving concrete issues. What is lawful on one side is not always lawful on the other. This is known and can only be managed by those who consistently practice both legal regimes in a professional manner. For example, direct divorce is legal in Ukraine and not in many foreign countries, such as  marriage contract. Furthermore, some behaviors are not criminally punished in Ukraine unlike abroad, as is the case  of international child abduction by a parent. Therefore, noon being followed in a State or by those who do not practice the profession in an integrated manner both in Ukraine and for example in Italy, is equivalent, in fact, to being left without protection. Finally, on this point, aIt seems clear that a lawyer who practices mainly in Ukraine, in addition to guaranteeing preparation in Ukrainian law, having the possibility of practicing the legal profession both in Italy, the European Union and in Ukraine, does not risk the so-called "territorial conflict of interest", which occurs when the professional, at least in intention, does not want to lose the practice or share it with others, seeing his income reduced.

The result of the approach of providing clients with an integrated offer of legal services between Ukraine and Italy offers the following advantages:

1) allows customers to have a single interlocutor. This means first of all a clear and precise contact. The legal, legal and professional dialogue, if carried out for example in English, cannot do without an effective knowledge of level B/2 - C/1 advanced in the legal English language on both sides. Furthermore, too often this international firm for  Ukraine, is confronted with unaware non-Ukrainian users, who attracted by slogans such as "we know how to speak" or "begging prices", subsequently found themselves having to deal with issues of comparative, international and integrated law with subjects who know the tongue "as a fan of ditties". Procedural issues are something else entirely. 

In Ukraine, from 1 September 2023, the recognition of foreign judgments is regulated by the Hague Convention of 2 July 2019, in concert with Title VIII of the Code of Civil Procedure of Ukraine (hereinafter - of the Code of Civil Procedure of Ukraine).

Specifically, on August 29, 2022, the European Union joined the Hague Convention 2019 on the recognition of foreign judgments. Therefore, from that date, it will be possible to directly recognize Italian and EU sentences in Ukraine. This means that documents coming from abroad and issued according to community legislation will no longer have to be evaluated from the internal Ukrainian point of view, but with bilateral competence.On this point, please refer to the specific page: enter.

2)benefit from coordinated management, efficient, above all not in conflict between the two legal regimes and receiving, at the same time, highly professional assistance in both systems. In simple words, when a problem emerges for example in Italy or Ukraine, there is no alternative but to be followed artfully and in a concerted manner in both States. 

To be able to practice the legal profession in a State, it is necessary to demonstrate qualifications, abilities and pass qualifying exams to practice as a lawyer. The news is full of people who have ended up on trial for activities carried out in an apparently legal manner in Ukraine or of Ukrainian marriages and divorces not registered by the Public Administration in Italy due to pathologies in the process followed and resulting documents or dramatic legal situations that have occurred to Italians in Ukraine;

3) avoid rejection of the legal position acquired abroad. A typical case is that of those who have obtained a subjective right in Ukraine and it is not recognized abroad. For example, failure to recognize the legal effect of a marriage or divorce, educational qualifications, authorizations and  concessions, a typical example is the impossibility of driving with a certain foreign driving license or insurance policy in a third country.   

We also guarantee:

• effective presence in Ukraine.  The firm follows its own assignments directly and does not work with occasional professionals;

• documentary proof of one's professional qualifications for Ukraine;

• stipulation of a professional contract with analytical indication of costs. 

 

We recommend: 

• "absolutely" avoid people who boast of high-ranking friendships in Ukraine. On the point in question, you can use the expression, it's really funny... There are individuals who boast of knowledge in the "higher spheres"" of the administrations of Ukraine. It's a shame that when necessary these "VIPs" are never available or at least visible "at least" for a handshake: they are practically abstract entities. In Ukraine there is a saying that states:"they are all cousins of the president". Whoever has ears to hear, let him hear!

 

• ban on intermediation of the legal profession in Ukraine. In Ukraine with the reform introduced with law number 2147-VIII of 10/03/2017, it was established with art. 400/1, paragraphs 1 and 2 of the penal code, which:"1. Knowingly false declaration of the party in the court of the power to represent another person in court, as well as the failure to bring the lawyer to the guarantee information on the restrictions of powers established by the contract on the provision of legal assistance is punishable by a fine up to three thousand tax-free minimum incomes or arrest for a term of up to three months; 2. Actions foreseen in the first part of this article, committed repeatedly or from a previous oneAndconspiracy by a group of persons is punishable by a fine of up to ten thousand untaxed minimum incomes, or imprisonment of up to three years." The second paragraph above deserves in-depth analysis. In fact, in Ukraine the term conspiracy refers to all those activities that lead, even extra-judiciallyiarily, to configure that a person is enabled. 

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LAW OF UKRAINE - Law on Lawyers (Vidomosti Verkhovnoi Rady (VVR), 2013, № 27, p.282)

Article 1. Definition of basic terms

In this law, the following terms are used in the following meaning:

1) lawyer - a natural person who carries out advocacy activities for the reasons and in the manner provided for by this Law;

2) lawyer activity - independent professional activity of a lawyer in connection with the protection, representation and provision of other types of legal assistance to a client;

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Article 6. Lawyer

1. A person who has a complete higher legal education (five-year law degree. Ed), speaks the state language, has at least two years of experience in the field of law (period of legal practice. Ed), passed a qualifying exam, passed an internship (except as provided for by this law), took the oath of a lawyer of Ukraine and received a certificate of the right to practice law.

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Article 14. Law firm

1.A law firm is a legal entity established by a lawyer and operates on the basis of a statute.The name of the law firm must include the name of the lawyer who created it.

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Article 15. Bar Association

2.State registration in a bar association must be carried out in accordance with the established procedure by the law of Ukraine.

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