Lawyer inquiry
There are cases when it is necessary for you to receive any information from authorities, enterprises, archives, etc., in this case, one of the most convenient methods to find wished, there can be a LAWYER INQUIRY.
Activity of lawyers in territory of Ukraine is regulated by positions of the Law of Ukraine from December, 19th 1992 N 2887-XII «About legal profession» which allocates lawyers with the special rights at realisation of professional activity by them on protection of legitimate rights, freedom and to representation of interests of citizens and juridical persons.
So it gives the right
To collect data on the facts which can be used as the proof in civil, criminal, economic affairs and affairs about administrative offences;
To enquire and receive documents or their copies from the enterprises, organisations, the organisations, consolidations;
To get acquainted at the enterprises, organisations and the organisations with necessary for accomplishment of the order by documents and materials, except for those which secret is protected by the law.
Besides, the decree of the President of Ukraine «About some measures on increase of level of work of legal profession» obliges enforcement authorities, local governments, heads of the enterprises, organisations, the organisations to promote realisation of the right of lawyers to collect data on the facts which can be used as the proof in affairs, to give gratuitously corresponding data and copies of documents by inquiries of lawyers and lawyer consolidations on the affairs which are in their production.
Unique restriction in information reception is Law clause 37 «About the information», containing the exhaustive list of documents and the information which are not subject to granting for acquaintance by inquiries, namely the official documents comprising the information, recognised when due hereunder the state secret, a confidential information, the information on operative and investigatory work of bodies of Office of Public Prosecutor, the Ministry of Internal Affairs, СБУ, boats, the information, concerning to private life of citizens, interdepartmental to correspondence, the information which are not subject to disclosure according to other legislative both normative acts, and the information of monetary institutions.
According to the said act, a confidential information the data which are in ownership, using or the order separate physical or the legal entity, distribution of a mode of confidentiality on the information which the state owns, authorities, local government, the enterprise, organisation and the organisation are, is probably exclusive in an order specified by the Cabinet of Ukraine.
Item 23 of the Law of Ukraine «About the information» prohibits collection of data on the person without its preliminary consent, thus the legislator determines a specification on the person (the personal data) on which aforementioned restriction, namely the data about a nationality, formation extends, marital status, religiousness, a state of health, and also the address, the birth date and birth place, simultaneously specified precept of law establishes the exceptions specified by the law of a general rule about a prohibition of collection of data on the person without its preliminary consent to it.
But even the above-stated restrictions in access to the information not so are unequivocal, as, from the maintenance of item 7 of the said act follows that its action does not extend on special subjects, such as officials of bodies of Office of Public Prosecutor, inquiry, a pretrial investigation and courts, as their right to access to the information, including confidential which activity is regulated by special laws. Activity of lawyers, including, is rather right the lawyer on reception of the information, the documents necessary for last at realisation of professional activity, is regulated by the special law «About legal profession» which has prevailing force over rates of general action, in particular the Law of Ukraine «About the information».
Infringement of the professional privileges of the lawyer warranted by the law, including by non-presentation of the necessary information, involves responsibility of officials up to the criminal.
The inquiry from lawyers of our firm, is a guarantee of reception of the timely official information from public authorities, local governments, heads of the enterprises, organisations, the organisations irrespective of patterns of ownership and departmental subordination.
Inquiry cost depends on complexity of business and constitutes from 250 грн.