- Does the legal status of your association differ in any way from the legal status of similar structures, "Ukriniurkoleguia" for example, and in what relations is your association with these structures in the sense of competition?
- As a matter of principle there is no difference. Both structures are voluntary professional public organizations acting under provisions of their respective statutes being so registered in the Ministry of Justice of Ukraine in compliance with the Law of Ukraine "On the Bar". The bar must be a non-governmental formation meaning that the constitutional state has no chance to exist without the independent, non-governmental bar. It is generally recognized in the world.
It goes without saying that competition exists. For example, "Ukriniurkoleguia" is the key competitor of our department of estate and family matters.
We believe that competition is necessary in any sphere of activity because it gives an impetus to development, mobilizes for better work. However, it should be fair, civilized and kept within the frames of legal and ethical norms. It also applies to the lawyering. Of course, we are against any methods of unfair competition and always try to adhere to the law in force and the Rules of professional ethics approved by the Higher Qualifying Commission of the Bar in 1999 as well as to international ethical norms.
We keep in mind that besides competition in the sphere of lawyering there are joint tasks and interests of general and pure professional nature. In all events the specialized bar associations fulfil common mission, in particular - protection of inheritance rights of our citizens abroad making better life to a certain part of the population and in fine replenishing the currency "purse" of our country. They also have mutual interest in achieving just and fair solution of the issue of taxation of bar associations as non-profitable organizations.
- How do you think is there any monopoly on the domestic "market" of the foreign estate matters?
- There could not be any monopoly in this sphere and in the issues of rendering any legal assistance, since under provisions of Article 59 of the Constitution of Ukraine any our citizen is free to choose a defender of his rights. This provision was acknowledged and interpreted in detail by the Constitutional Court of Ukraine in its decision of 16th November 2000. Such approach is in full compliance with the provision of Article 6 of the European Convention on protection of human rights and basic liberties being ratified by the Verkhovna Rada of Ukraine on 17th July 1997.
In fact only our association and "Ukriniurkoleguia" actively work on this "market", where the rest of bar associations, juridical firms, lawyers, though not defying to deal with foreign estate matters, do it, if I'm not mistaken, out of any system, relying on accidental cases. Every lawyer is allowed to deal with these matters though here there is a tendency: only those who work on a system-based principle, operatively, highly professionally and fairly would have more matters and clients.
Generally, without qualified legal escort of these matters there is no sense to believe in their positive solution in foreign juridical institutions. Therefore, we think it is imprudent on the part of some domestic individuals - claimants for foreign legacy to act on their own knowing neither the procedure nor subtleties of the inheritance and procedural law, travelling abroad with tourist or guest permit, believing that in a few days or weeks they could settle such matters. It is only an illusion leading, as a rule, to negative consequences of the material and psychological nature. The procedure for realization of these matters abroad (under the appropriate law in force) is of a long duration and sometimes takes years to be finalized. What could be done by a claimant, for example, in the US estate matter within 30 days (US embassy does not provide tourist or guest visa for a longer term)? The legal position utterly differs when the lawyers have fully prepared the case for the US estate court hearing and the date is fixed. In this event there is no objections to be present at the court hearing, however, it is advisable to be accompanied by the lawyer who documented this matter in Ukraine.
- What is your opinion towards various ratings of the bar associations and law firms and towards the advertisement of the bar activities as a whole?
- It is our principle to take no part in any ratings. As far as I know a greater part of law structures do not approve of such publicity. One should be very careful with regard to publicity in legal activity. First of all don't overdo it, don't outstep the frames of ethical norms. For example, the extravagant shouting from the house-tops: "We are the best!" may be estimated as pretence for monopoly but also as pretence of weakness or uncertainty. The Polish writer Stanislaw Jerzy Lec said: when "the horn of plenty is high-sound blown - it must be empty". However, publicity is necessary today, though the best form of publicity for a lawyer is qualified legal assistance. Pursuant to the well known lawyer Vasyl Kysil the juridical profession is similar to the profession of a doctor where the best publicity is the highly qualified work done. It is hard to disagree with him.
