Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
Esta publicación cientíca en formato digital es continuidad de la revista impresa
ISSN-Versión Impresa 0798-1406 / ISSN-Versión on line 2542-3185Depósito legal pp
197402ZU34
ppi 201502ZU4645
Vol.39 N° 70
2021
Recibido el 14/06/2021 Aceptado el 02/09/2021
ISSN 0798- 1406 ~ De pó si to le gal pp 198502ZU132
Cues tio nes Po lí ti cas
La re vis ta Cues tio nes Po lí ti cas, es una pu bli ca ción aus pi cia da por el Ins ti tu to
de Es tu dios Po lí ti cos y De re cho Pú bli co “Dr. Hum ber to J. La Ro che” (IEPDP) de la Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas de la Uni ver si dad del Zu lia.
En tre sus ob je ti vos fi gu ran: con tri buir con el pro gre so cien tí fi co de las Cien cias
Hu ma nas y So cia les, a tra vés de la di vul ga ción de los re sul ta dos lo gra dos por sus in ves-
ti ga do res; es ti mu lar la in ves ti ga ción en es tas áreas del sa ber; y pro pi ciar la pre sen ta-
ción, dis cu sión y con fron ta ción de las ideas y avan ces cien tí fi cos con com pro mi so so cial.
Cues tio nes Po lí ti cas apa re ce dos ve ces al año y pu bli ca tra ba jos ori gi na les con
avan ces o re sul ta dos de in ves ti ga ción en las áreas de Cien cia Po lí ti ca y De re cho Pú bli-
co, los cua les son so me ti dos a la con si de ra ción de ár bi tros ca li fi ca dos.
ESTA PU BLI CA CIÓN APA RE CE RE SE ÑA DA, EN TRE OTROS ÍN DI CES, EN
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gra fía So cio Eco nó mi ca de Ve ne zue la de RE DIN SE, In ter na tio nal Bi blio graphy of
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Pe rio di cals Di rec tory, EBS CO. Se en cuen tra acre di ta da al Re gis tro de Pu bli ca cio-
nes Cien tí fi cas y Tec no ló gi cas Ve ne zo la nas del FO NA CIT, La tin dex.
Di rec to ra
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Co mi té Edi tor
Eduviges Morales Villalobos
Fabiola Tavares Duarte
Ma ría Eu ge nia Soto Hernández
Nila Leal González
Carmen Pérez Baralt
Co mi té Ase sor
Pedro Bracho Grand
J. M. Del ga do Ocan do
José Ce rra da
Ri car do Com bel las
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Joan López Urdaneta y Nil da Ma rín
Re vis ta Cues tio nes Po lí ti cas. Av. Gua ji ra. Uni ver si dad del Zu lia. Nú cleo Hu ma nís ti co. Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas. Ins ti tu to de Es tu dios Po lí ti cos y De re cho Pú bli co
“Dr. Hum ber to J. La Ro che”. Ma ra cai bo, Ve ne zue la. E- mail: cues tio nes po li ti cas@gmail.
com ~ loi chi ri nos por til lo@gmail.com. Te le fax: 58- 0261- 4127018.
Vol. 39, Nº 70 (2021), 465-484
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
The Role of a Lawyer’s Request as a
Means of Legal Communication in the
Field of Human Rights Advocacy
DOI: https://doi.org/10.46398/cuestpol.3970.28
Marharyta A. Pohosian *
Maryna S. Horodetska **
Mykola Y. Veselov ***
Dmytro O. Pylypenko ****
Olena V. Banchuk-Petrosova *****
Abstract
Judicial practice shows that the request of all lawyers is not
answered, so the study of the role of the application is relevant.
The objective of the research was to carry out a theoretical and
legal analysis of the role of the lawyer’s request in the eld of the
defense of human rights due to the peculiarities of its normative
support as a means of legal communication. The following methods were
used: direct observation; comparison method; analysis of the content of
the documents governing the procedure for giving and receiving a response
to a lawyer’s request. Documents and normative-legal programs that
regulate the order and peculiarities of the legal work of lawyers and their
requests were identied. The article also examines the legal practice of
using applications and analyzes the activity of lawyers to ensure the role of
the application as an eective means of legal communication. It was found
that, in Ukraine, the application practice itself remains an ineective means
of legal communication. However, the attorney does not always collect the
information and documents necessary for the defense in due time.
* Post-Graduate Student of the Department of Theory and History of State Law, Zaporizhzhya National
University, 69005, Zaporizhzhya, Ukraine. ORCID ID: https://orcid.org/0000-0002-4408-9241.
Email: venividyvici_lex@gmail.com
** PhD in Law, Associate Professor at the Department of Organization of Pre-trial Investigation of Kryvyi
Rih Educational and Scientic Institute, Donetsk Law Institute of the Ministry of Internal Aairs of
Ukraine, 50065, Kryvyi Rih, Ukraine. ORCID ID: https://orcid.org/0000-0002-3228-6299. Email:
loskytovagorodetskaia@gmail.com
*** Doctor of Law, Associate Professor at the State and Legal Disciplines Department, Kryvyi Rih
Educational and Scientic Institute, Donetsk Law Institute of the Ministry of Internal Aairs of
Ukraine, 50065, Kryvyi Rih, Ukraine. ORCID ID: https://orcid.org/0000-0002-3963-2764. Email:
veselov.dl@ukr.net
**** PhD in Law, Associate Professor at the Department of Criminal Law Disciplines, Faculty №2, Kryvyi
Rih Educational and Scientic Institute, Donetsk Law Institute, MIA of Ukraine, 50065, Kryvyi Rih,
Ukraine. ORCID ID: https://orcid.org/0000-0003-1299-6178. Email: moruth_82@gmail.com
***** Senior Lecturer at the Department of International Relations, Kyiv National University of Culture and
Arts, 01601, Kyiv, Ukraine. ORCID ID: https://orcid.org/0000-0001-8426-1475. Email: Lensch1k1@
gmail.com
466
Marharyta A. Pohosian, Maryna S. Horodetska, Mykola Y. Veselov, Dmytro O. Pylypenko y
Olena V. Banchuk-Petrosova
The Role of a Lawyer’s Request as a Means of Legal Communication in the Field of Human Rights
Advocacy
Keywords: legal practice; collection of documents and evidence;
adequate response; legal communication; defense of human
rights.
El papel de la solicitud de un abogado como medio de
comunicación jurídica en el ámbito de la defensa de los
derechos humanos
Resumen
La práctica judicial muestra que no se da respuesta a la solicitud de todos
los abogados, por lo que el estudio del papel de la solicitud es pertinente.
El objetivo de la investigación fue realizar un análisis teórico y jurídico del
papel de la solicitud del abogado en el campo de la defensa de los derechos
humanos debido a las peculiaridades de su soporte normativo como medio
de comunicación jurídica. Se utilizaron los siguientes métodos: observación
directa; método de comparación; análisis del contenido de los documentos
que rigen el procedimiento para dar y recibir una respuesta a la solicitud de
un abogado. Se identicaron documentos y programas normativo-legales
que regulan el orden y las peculiaridades del trabajo legal de los abogados y
sus solicitudes. El artículo también examina la práctica jurídica de utilizar
las solicitudes y analiza la actividad de los abogados para garantizar el papel
de la solicitud como un medio ecaz de comunicación jurídica. Se descubrió
que, en Ucrania, la práctica de solicitud en sí misma sigue siendo un medio
inecaz de comunicación jurídica. Sin embargo, el abogado no siempre
recopila la información y los documentos necesarios para la defensa a su
debido tiempo.
Palabras Clave: práctica jurídica; recopilación de documentos y pruebas;
respuesta adecuada; comunicación jurídica; defensa de
los derechos humanos.
Introduction
Legal communication of human rights organisations is a type of activity,
aimed at forming constructive cooperation to defend human and civil rights
and freedoms (Pohosian, 2020). The lawyer’s request ensures the ow and
dissemination of regulatory and legal information and documents, aimed
at human rights activities, between the lawyer and the authorities, local
governments, enterprises, institutions, organizations, and physical parties.
Lawyers’ professional privileges include the right to a lawyer’s request as
the right to a special means of legal communication.
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In human rights advocacy, lawyers have the right to use various means
of communication with government agencies and municipal authorities,
such as lawyers’ requests, statements, complaints, petitions, and answers
to them; information on the facts that can be used as evidence; other means
of legal communication under the Law (Wolters Kluwer, 2020). Recently,
however, Ukrainian lawyers have been confronted with diculties in
requesting for the documents and data that their clients need during
the defence. A lawyer’s request can usually be made electronically or in
writing. However, due to the COVID-19 pandemic, lawyers often must
work remotely, making it dicult to obtain a proper written response to a
lawyer’s request.
A study of court practice and comparison of legislation regarding
advocacy activity in eight countries (Ukraine, the USA, the UK, the Republic
of Kazakhstan, the Russian Federation, Italy, France) in general shows
the eectiveness of the lawyer’s request as a proper means of a lawyer’s
legal communication. In Ukraine, the number of violations of lawyers’
professional privileges, including the right to information and the appeal
rights, is increasing every year due to the failure to provide the necessary
response to a lawyer’s request. The court practice shows that the answer is
given only to every fourth lawyer’s request (Unied State Register of Court
Decisions of Ukraine, n. d.).
The problem of lawyer’s requests is the subjective assessment of the
satisfactory form, reception and provision of responses to them and
becomes the judicial matter (National Association of Lawyers of Ukraine
and Council of Lawyers of Ukraine, 2020). However, in his professional
activity, a lawyer must rely on the eectiveness of procedural rules and
regulations, according to which his rights are exercised. Respect for the
lawyers’ professional privileges is an element of legal culture of society and
the state (Boryak, 2021).
Thus, examining the role of the lawyer’s request as a means of legal
communication in the eld of human rights advocacy is relevant.
1. Literature Review
COVID-19 crisis has stimulated the use of digital technologies that
allow lawyers to work remotely, improve the eciency, reduce the risk of
COVID-19 disease, and achieve better results. However, it turned out that
not all law rms are ready to work with electronic lawyer’s requests. Thus,
due to lack of technological knowledge or skills, 31% of the surveyed law
rms are not ready to switch over to electronic document exchange, 43%
of respondents have organizational, and 26% of respondents have nancial
diculties in using new technologies (Wolters Kluwer, 2020).
468
Marharyta A. Pohosian, Maryna S. Horodetska, Mykola Y. Veselov, Dmytro O. Pylypenko y
Olena V. Banchuk-Petrosova
The Role of a Lawyer’s Request as a Means of Legal Communication in the Field of Human Rights
Advocacy
In a judicial dispute, the parties rely on dierent types of evidence when
providing the court with their claims or objections – they are allowed to
provide any documents, videos, and other materials relevant to the case.
Although the evidence is weighed by the court, it is important to gather it
before the trial (Rothman, 2019). In this case, the lawyer acts as an assistant
to the defence team in obtaining and further legal analysis of the evidence.
At the same time, the lawyer’s request is the main and unique tool for
practicing advocacy activity, which is implemented in the form of a written
document, used to request the information, recorded during the activities
of authorities, local governments, and physical parties (Verkhovna Rada
of Ukraine, 2013a). By means of lawyer’s requests, it is possible to obtain
evidence and documents that were known or not to the trial participants
after ling a lawsuit. However, the amount of information that a lawyer is
allowed to collect is quite large, but there are certain limitations to prevent
abuse of the judicial process (Brown & Fortunato, 2020). Even though a
lawyer in his professional activity can apply to any country in the world, the
general rules of evidence gathering, their use and evaluation are laid down
exclusively by national procedural legislation (Garamvölgyi et al., 2020).
Gathering of information and documents is a signicant part of a
lawyer’s work, they are presented as evidence in court and are used
during negotiations and in advisory work. Eective preparation of the
trial is impossible without such documents and information, and it is
the responsibility of the parties in civil and commercial proceedings to
gather evidence (Layevskiy et al., 2019). In this case, the basic principles
of advocacy activity should be honesty, independence, condentiality, and
decency.
1.1. Aims
The purpose of the study is to conduct a theoretical and legal analysis
of the role of the lawyer’s request in the eld of human rights advocacy
due to the peculiarities of its legal and practical support as a means of legal
communication.
In the furtherance of this goal it is necessary to solve a number of tasks:
to explore the relevant national and international legal standards in the
eld of advocacy in the use of legal means of communication; to identify
endemic problems in the implementation of lawyers’ guarantees in the
right to a lawyer’s request in domestic legislation and in practical terms, as
well as the causes of such problems; to identify and analyse the examples of
problems in the process of seeking a proper response to a lawyer’s request.
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2. Methods
The input data for this study were the data, obtained from 60 ocial
sources - academic papers and articles, generalizations of international
sociological organizations. The main data of the study were obtained using
three methods: direct observation, comparison method and analysis of the
content of documents governing the procedure for providing and receiving
a response to a lawyer’s request in Ukraine and in other countries (the USA,
the UK, the Republic of Kazakhstan, the Russian Federation, Italy, France).
Using the method of direct observation, it is necessary to identify
normative legal documents and programs that regulate the procedure and
peculiarities of the legal work of lawyers with lawyer’s requests, to identify
standard forms for submitting lawyer’s requests, their review duration, and
the practice of providing appropriate responses. Having analysed modern
scientic research papers, we will also be able to nd out or refute the need
for further implementation and development of legislation and digital
technologies to enable the submission of a lawyer’s request in electronic
form.
With the help of the comparison method, it is possible to establish how
some countries in the world in their own way provide regulatory and practical
implementation of the right to a lawyer’s request and its guarantees.
When analysing the content of various documents, we are to examine
the information posted on social networks, scientic journals and on news
websites, which is related to the possibility of implementing a lawyer’s
request as a means of legal communication in human rights advocacy.
3. Results
At the national level, a lawyer’s request is made exclusively in writing
(not electronically), with the obligatory addition of documents conrming
the lawyer’s credentials. To receive a response to the request, the lawyer may
be asked to reimburse the costs of copying or printing physical documents,
but electronic documents must be provided to the lawyer free of charge.
When submitting a lawyer’s request, a lawyer should not only state
that the information is necessary for him within his legal activity, but also
conrm his credentials by means of a copy of the warrant or procuratory of
the body (institution), authorized by law to provide free legal aid, stating
that he/she needs this information for the protection of a specic client in
a specic court case. At the same time, the amount of personal data that
can be provided to a lawyer upon such a request is much larger than can
be provided in accordance with the Law of Ukraine “On Access to Public
470
Marharyta A. Pohosian, Maryna S. Horodetska, Mykola Y. Veselov, Dmytro O. Pylypenko y
Olena V. Banchuk-Petrosova
The Role of a Lawyer’s Request as a Means of Legal Communication in the Field of Human Rights
Advocacy
Information” (Oleksiyuk, 2020). In addition, the information request is
submitted only to legal entities (Verkhovna Rada of Ukraine, 2011), while
the scope of persons to whom a lawyer’s request can be submitted is much
wider, they include public authorities; local governments, their ocers,
and public individuals; enterprises; institutions; organizations; public
associations; physical parties (with their consent).
In their turn, the authorities and individuals who have received a lawyer’s
request must respond to it within ve to twenty working days, depending
on the complexity of the database search. Exceptions for the refusal to
provide information to a lawyer’s request is only the information that has
limitations (Unied State Register of Court Decisions of Ukraine, n. d.).
There are legal grounds not to provide information to a lawyer’s request,
for example, requests for condential, private, and restricted information
(Verkhovna Rada of Ukraine, 1992).
However, in case of unlawful refusal or providing misinformation
response to the lawyer’s request, the perpetrators may be ned in accordance
with Article 212-3 of the Code of Ukraine on Administrative Oenses. The
administrative protocol under this article may be drawn up by the Chairman
or the authorized person of the relevant regional bar council, to which the
lawyer should apply (Verkhovna Rada of Ukraine, 1984). However, this
article does not provide for repetition.
A lawyer’s request cannot relate to counselling and interpretation of the
provisions of legal documents
(National Association of Lawyers of Ukraine
and Council of Lawyers of Ukraine, 2020), and the refusal to answer should
be distinguished from the inability to draw conclusions on the questions,
asked by the lawyer.
Domestic legislation does not include the commitment to provide the
lawyers with restricted, condential, secret, and ocial information (for
example, information containing medical secrecy, banking information,
materials of operational or investigative activities, intelligence operations
etc.). This deprives the lawyer of the opportunity to obtain and use such
information in the preparation of the case, which reduces the eectiveness
of legal assistance and violates the principle of adversarial proceedings and
equality of arms between the defence and the prosecution, restricts the right
of individuals to eective judicial assistance and right to a fair trial. The
causes of such problems are the lack of a legislative possibility for lawyers
to obtain limited information; ineective mechanism of responsibility;
unwillingness of individuals and organizations to provide information at the
request of lawyers due to misunderstanding of the nature and importance
of advocacy for the protection of rights and freedoms or their neglect
(Human Rights House Network, 2015) . While a lawyer’s request is often
answered within the time limit set by criminal procedural law, prosecutors
and the judiciary may seek a response immediately or much earlier than
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CUESTIONES POLÍTICAS
Vol. 39 Nº 70 (2021): 465-484
the lawyers, which puts the latter at a disadvantage to the prosecution
(Verkhovna Rada of Ukraine, 2013b).
In accordance with the legal ethics, a lawyer is obliged to use his
knowledge and professional skills in his professional activity to properly
protect and represent the rights and legally protected interests of individuals
and legal entities, complying with current legislation of Ukraine, promote
the establishment and practical implementation of principles of legality
and rule of law (Congress of Lawyers of Ukraine, 2017).
Guarantees of advocacy activity are set out in the United Nations (UN)
Basic Principles on the Role of Lawyers, which stipulate that member
governments should ensure lawyers the possibility to exercise their
professional responsibilities conveniently, which requires the authorities
to provide lawyers with early access to the necessary information, les and
documents at their disposal or under their control, so that lawyers would
have the opportunity to provide eective legal assistance (International
Commission of Jurists, 2020). In addition, it is the responsibility of the
authorities to provide a lawyer with access to information, documents,
and case materials in a timely manner (United Nations’ Oce of the High
Commissioner for Human Rights, 1990). The role of lawyers should be
respected and considered by judges, prosecutors, all types of authorities,
society as a whole and governments within the limits of domestic legislation
and practice.
However, intentional abuse of the right to a lawyer’s request may be
interpreted as a violation of the Model Rules of Professional Conduct, for
which the lawyer may be subject to a disciplinary sanction (Mamchenko,
2021). It is also inadmissible to “sell” a lawyer’s request (its transfer to a
principal for money so that the latter could use it at sole discretion) and to
use the lawyer’s request for personal purposes (Makarov, 2020).
In the United States, lawyers may also collect data on persons or
information that may serve as evidence, but there are special private services
that seek the necessary information instead of lawyers. So, databases are of
business interest to large companies that exist solely to simplify and provide
information to lawyers, as searching and collecting data is painstaking and
hard work (Taylor, 2020). In addition, evidence gathering only in favour of
the client may jeopardize the lawyer’s ethical responsibilities, as a lawyer can
be the only person who knows where the evidence came from. As a result,
the lawyer will cease to be a defence attorney and move to the “category
of witnesses”, so the best option is to conduct an objective collection of
evidence in the case or to entrust such work to third parties (Technology
Safety, 2018). At the same time, lawyers on the side of the disputing party
may submit requests for pre-trial discovery of evidence (Civil Law Self-
Help Center, n. d.), and the time and method of documents’ delivery should
not be calculated in such a way as to disadvantage or embarrass the party
472
Marharyta A. Pohosian, Maryna S. Horodetska, Mykola Y. Veselov, Dmytro O. Pylypenko y
Olena V. Banchuk-Petrosova
The Role of a Lawyer’s Request as a Means of Legal Communication in the Field of Human Rights
Advocacy
receiving the documents (United States District Court of Northern District
of California, n. d.). The parties are limited to the number of requests of
each type on the set form: 30 requests for access, 30 requests in the form
of a survey and 30 requests for the production and discovery of documents.
Similar requests may also be made to third parties, who must respond
within 14 days (Law Oce of Aaron D. Bundy, n. d.). In some states, a
lawyer’s request is elevated to the status of a judge’s request, and ignoring
it involves various types of liability, including criminal liability (Dergunova,
2017).
As information management systems simply do not keep up with
progress, computers, e-mail, mobile technology, collaboration on the
Internet have changed the way lawyers work. Thus, during 2015, lawyers
on average created and received more than 70 documents daily or
approximately 26,000 documents per year. These include e-mails and
document les, e-mail oers, appointments with clients and opponents,
etc. In the period from 2013 to 2015, on average, a lawyer processed only
18,000 documents per year. Some of us still remember the 80’s - the
world of paper, when the lawyers processed about 80 documents a week
or about 16 documents every day. That’s about 4,000 letters and contracts,
letterheads and notes about customers’ phone calls every year (Meta Jure,
2016). However, this does not mean that the lawyers should retreat and
reduce the pace of digitalization in the organization of advocacy activity. On
the contrary, lawyers need to demonstrate a high level of professionalism
and willingness to handle e- lawyer’s requests (Makarov, 2019). A survey
of 700 lawyers from the United States and nine European countries (the
UK, Germany, the Netherlands, Italy, France, Spain, Poland, Belgium,
and Hungary) provided an assessment of reliability and sustainability of
the legal sector in the future. Thus, 60% of the surveyed law rms plan to
increase investment in digital technologies (Rothman, 2019).
In the Netherlands, information technology is already widely used in the
formation of relevant databases and in obtaining information from them.
Thus, advocacy is provided through the participation in the case not only of
a lawyer, but also of a representative, whose letter of attorney is contained
in the relevant register and can be provided in electronic format (Ministry
of Justice of the Netherlands, 2019).
Generalized information on the international practice of normative
exercise of right to the lawyer’s request and its guarantees in eight countries
(Great Britain, Italy, the Republic of Belarus, the Republic of Kazakhstan,
the Russian Federation, the USA, Ukraine, France) is given in Table 1.
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Table 1. International practice of normative and practical
exercise of right to the lawyer’s request (author’s development)
Country
The set form of the
lawyer’s request
Request
type
Limit on the
number of
requests submitted
Key response time
(days)
Additional
response time
(days)
Consequences
of failure to
provide a proper
response to a
request
Chances for
answers,%
United
Kingdom
Yes
Written
Electronic
Yes 30** 0 The loss of the case. 90
Italy No
Written
Electronic
No 15 *** Lawsuit 90
Republic of
Belarus
No
Written
Electronic
No 15 30 No consequences
Republic of
Kazakhstan
Written
Electronic
No 10 0 Money penalty
Russian
Federation
Yes
Written
Electronic
No 30 30 Money penalty 60
USA Yes
Written
Electronic
Yes 30** 0
The loss of the case.
Criminal liability.
90
Ukraine Yes Written No 5 20 Money penalty 20
France Yes
Written
Electronic
No 15 30 Lawsuit 75
Note: * - Except for discovery of notarial documents.
** - deadlines are set only during the judicial inquiry.
*** - corresponds to the complexity of the request.
Source: Adygezalova and Kovaleva (2020), Avvocato Facile (2020; n.d); Demidov (2018);
Domaine Legale (n. d.), Les Echos Solutions (2016), Ministry of Justice of the Republic of
Kazakhstan (2018); Ministry of Justice of the Russian Federation (2016); Ministry of Justice
of the UK (2020); Nazarbaev (2018); Nikonov and Hodzhaeva (2016), Ukrainian National
Bar Association (UNBA) (2021).
From the table in Ukraine, in contrast to the United States, Britain and
Italy, a lot of lawyer’s requests are made in practice, but only some of them
are answered, because ocials know how not to answer or answer without
providing the information, necessary for advocacy in court (Pysarenko,
2016). Given the diculties that lawyers face in obtaining evidence, it
becomes problematic to prove these circumstances in court. It turns out
that in relation to the prosecution, which has much broader powers to
obtain evidence, the defence is not acting on an equal footing (Hromko,
2020).
474
Marharyta A. Pohosian, Maryna S. Horodetska, Mykola Y. Veselov, Dmytro O. Pylypenko y
Olena V. Banchuk-Petrosova
The Role of a Lawyer’s Request as a Means of Legal Communication in the Field of Human Rights
Advocacy
In the period from 2016 to 2020, for unlawful refusal to provide
information, late, or incomplete provision of information, provision of
misrepresenting information in response to a lawyer’s request, the Unied
State Register of Judicial Decisions (n. d.) contains approximately 1,500
decisions of the rst-instance courts. On average, only in every third case
the court established the body of the oence, among which in 33% of cases
160 people were ned, in 27% a verbal warning was given and in 40% of
cases the lawsuit was closed due to expiration of the term of bringing to
responsibility. Figure 1 schematically shows the quantitative results of the
hearing of administrative violation cases under Part 5 of Article 212-3 of the
Code of Ukraine on Administrative Oenses.
Figure 1: Quantitative results of the hearing of administrative
violation cases under Part 5 of Article 212-3 of the Code of
Ukraine on Administrative Oenses (author’s development).
However, it turned out that a more accessible way of restoration of
violated right of lawyers, who did not receive a response to a lawyer’s
request was a civil or administrative lawsuit to oblige them to take action,
namely, to undertake a substantive review of the lawyer’s request and
provide a fuller answer. Thus, during 2019-2020, there was the increase
in the activities of lawyers in ensuring the role of the lawyer’s request as an
eective means of legal communication by discovery of information on the
ignored lawyer’s requests. Figure 2 schematically shows quantitative results
of civil and administrative cases where the court has obliged to provide a
lawyer with a complete response.
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CUESTIONES POLÍTICAS
Vol. 39 Nº 70 (2021): 465-484
Figure 2: Quantitative results of hearing of cases on
adjudication of illegal actions or inactivity of governing
institutions or local self-government bodies on failure to
provide complete or necessary response to a lawyer’s request
for the period of 2016-2020 (author’s development).
However, the diplomatic missions of most CIS countries always respond
to lawyer’s requests, although the diplomatic missions of European
countries ignore requests, addressed to them. Thus, even despite the
contentious political relationship, the Embassy of Ukraine in Russia always
responds citizen appeals, while the Embassies of Switzerland and Italy did
not respond to a request for the reasons for banning entry to Switzerland of
a Russian citizen who has a money deposit in a Swiss bank (Sodikov, 2018).
In the Republic of Kazakhstan, failure to respond to a lawyer’s request
is treated as resistance to a lawyer’s lawful activity, and according to the
results of court proceedings, most administrative cases of this category
end in bringing oenders to administrative responsibility. During 2020,
according to the results of the trial, 97% of the perpetrators were ned
(Sizintsev, 2021).
Regarding the deadlines for the submission of a respond to a lawyer’s
request, it should be noted that not all questions in lawyer’s requests can
be easily answered, as the law is extremely complex. If the answers were
quick or easy, then there would be no need for lawyers and courts. In other
words, there is no such notion as a “quick question” in the legal sector. This
approach to communicating with a lawyer can be unpleasant for both the
client and the lawyer (Robichaud, 2020).
In addition, issues related to the ownership of documents are as
common as the proper collection of fees from the client for photocopying.
Lawyers are usually copyrighted for the results of their activities, and the
client’s documents are only his/her property. Exceptions are cases where
the agreement with the lawyer provides that the copyright to the product
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The Role of a Lawyer’s Request as a Means of Legal Communication in the Field of Human Rights
Advocacy
of the activity reverts to the client. At the same time, the ownership of
documents, obtained through lawyer’s requests, is not regulated by law
or the lawyer’s code of professional ethics. Lawyers may use documents
they have prepared for other clients as precedents or templates without
disclosing the client’s condential information. Therefore, every law rm
must develop its own policy on the organization, storage, and disposal of
clients’ documents, otherwise during the relationship between the lawyer
and the client it is necessary to execute the agreement on the storage and
disposal of documents and property relevant to the case (Law Society
of British Columbia, 2017). In addition, a lawyer may keep the client’s
documents as collateral for unpaid legal assistance (Law Society UK, 2020).
4. Discussion
A lawyer’s request, provided it is properly executed, can be a very eective
tool for obtaining the necessary information. To avoid administrative
liability, it is better to provide an adequate response to a request than to
give a formal fudge or ignore it (Krenets, 2018). However, a comparison
of international experience shows that shortening the deadlines governing
the response to a lawyer’s request has the opposite eect on the quality
and completeness of the answers to lawyer’s requests, as not all questions
in a lawyer’s request can be easily answered. Besides, without adequate
administrative and criminal liability, it is dicult to receive a proper
response to a lawyer’s request.
The problem of the eectiveness of a lawyer’s request in obtaining
information and evidence concerns not only lawyers but also courts, as
they are interested in ensuring that, for example, in civil lawsuits, the claim
papers are prepared as fully as possible and submitted to the court almost
ready for the trial, so that the judge would not waste time on discovery of
evidence at the request of the parties. Thus, the article provides the practical
eectiveness of lawyer’s requests, provided in electronic and written form.
It is unacceptable to use a lawyer’s request for personal purposes or to
abuse this right. The client’s documents obtained during the delivery of
legal services, including in response to a lawyer’s request, are the customer
owned property. In addition, it has been established that at the national
level, a lawyer’s request can be an eective tool if a lawyer is willing to
defend his or her interests in court in the future.
The advantages of a lawyer’s request are: a limited and short period of
consideration of the request and provision of information and documents;
it belongs to the category of requests with special status - some countries
provide for liability for failure to provide response, for giving late or
incomplete response to the request (Ukraine, the USA, the UK, the Republic
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of Kazakhstan, the Russian Federation, Italy, France) or it is possible to lose
the case in court (the UK, the USA). Criminal liability, provided by law in
the United States, forces the addressees to respond to a lawyer’s request in
any case. It is paradoxical that in Ukraine the legislation sets the shortest
basic term for providing an answer in ve days, but the chances of getting a
proper answer are the smallest and are 20%.
In fact, initiation of a procedure for accountability for the crimes at the
national level through the mechanism of appealing to the Bar Council is
ineective. It would be expedient to provide an opportunity for the lawyers
with more than four years of experience, to draw up protocols under Part
5 of Article 212-3 of the Code of Ukraine on Administrative Oenses and
to recommit them to the court, thereby relieving the regional bar councils
(Kachura, 2020).
Thus, a lawyer’s request can be an eective tool if a lawyer is willing to
defend his or her interests in court in the future. The law sets out specic
requirements for a lawyer’s request, but the reasons for refusing to provide
information to it may be unexpected: seemingly condential information,
impossibility to provide original certicates, the wrong address (Yasinskaya,
2020) or the wrong recipient. At the same time, lawyers do not make
active use of the right to a lawyer’s request (United States District Court
of Northern District of California, n. d.). Thus, during 2019, refusals to
respond to a lawyer’s request were appealed to a court only in 24.3% of
cases in the Russian Federation, and in 23.5% of cases in Ukraine (UNBA,
2019).
Conclusions
In human rights advocacy, lawyers have the right to use various means
of communication with government agencies and municipal authorities,
the main of which is the lawyer’s request. At the national level, the lawyer’s
request itself continues to be an ineective means of legal communication.
A lawyer does not always collect the information and documents required
for defence in a timely manner. Thus, despite the legal regulations that give
much power to a lawyer’s request, lawyers’ requests are often ignored by
employees of government agencies and municipal bodies, who in fact provide
an adequate response to every fth request only. However, it is possible
to request by judicial means the necessary and complete information that
was previously required in the lawyer’s request. In addition, shortening the
deadlines governing the response to a lawyer’s request has the opposite
eect on the quality and completeness of the answers, as not all questions
in lawyer’s requests can be easily answered.
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The Role of a Lawyer’s Request as a Means of Legal Communication in the Field of Human Rights
Advocacy
Recommendations to the lawyers aimed at ensuring the role of the
lawyer’s request as a means of legal communication: it is necessary to
mention in the request the responsibility for unlawful refusal to provide
information, late or incomplete provision of information, providing untrue
information in response to a lawyer’s request; comply with the requirements
for writing a lawyer’s request and attach the necessary documents; to seek
proper delivery and registration in the oce of the addressee to whom
the lawyer’s request is directed with the reclamation of the appropriate
receipt acknowledgements or documents; to make a request only for
information that has no restriction on access; to give a proper answer to
a lawyer’s request; not to use a lawyer’s request for personal purposes and
not to abuse this right; in case of illegal refusal to provide information at
the request of a lawyer, untimely or incomplete provision of information,
provision of irrelevant information, to immediately to prosecute the
perpetrators, with a simultaneous obligation to provide an appropriate
response; the information and documents obtained by lawyers as a result
of a lawyer’s request may be used by lawyers as precedents or templates
without disclosing the client’s condential information.
The state and society must respect the lawyers’ professional rights
and privileges. In addition, ignoring lawyers’ requests by international
diplomatic missions can also exact a toll on legal communication.
Moreover, amidst the COVID-19 pandemic, the governments’ strategic
direction should be legislative optimization and digitalization of advocacy
activity. Digitization of personal details databases may provide better
technological opportunities for government agencies and organs of local
self-government, in the process of analysis and selection of data at the
lawyer’s request. However, at the national level, the law does not yet provide
for the possibility of submitting a lawyer’s request electronically.
Bibliographic References
ADYGEZALOVA, Gyulnaz; KOVALEVA, Iuliia. 2020. “The Issue of Lawyer’s
Request in the Criminal Process and Legal Conicts Resolution.” Available
online. In: http://teoria-practica.ru/rus/les/arhiv_zhurnala/2020/3/
law/adygezalova-kovaleva.pdf. Date of consultation: 02/03/2021.
AVVOCATO FACILE. 2020. “Che Valore Ha la Lettera Dell’avvocato e a Che
Cosa Serve [What Is the Value of the Lawyer’s Letter and What Is It For]”.
Available online. In: https://www.avvocatofacile.it/blog/2020/09/16/
che-valore-ha-la-lettera-dellavvocato-e-a-che-cosa-serve/. Date of
consultation: 02/03/2021.
479
CUESTIONES POLÍTICAS
Vol. 39 Nº 70 (2021): 465-484
AVVOCATO FACILE. n. d. “Lettera di Dida Legale, Cos’è e a Cosa Serve
[Legal Notice, What It Is and What It Is For].” Available online. In:
https://www.avvocatofacile.it/diritto-civile/dida-legale.html. Date of
consultation: 02/03/2021.
BORYAK, Hanna. 2021. The Situation the Country Got Into Is Not Based on the
Force of Right, But on the Right of Force. Available online. In: https://
unba.org.ua/publications/print/6189-situaciya-v-yakij-opinilasya-
kraina-bazuet-sya-ne-na-sili-prava-a-na-pravi-sili.html. Date of
consultation: 21/03/2021.
BROWN & FORTUNATO. 2020. How Attorneys Gather Evidence for Lawsuits.
Available online. In: https://www.bf-law.com/how-attorneys-gather-
evidence-for-lawsuits/. Date of consultation: 21/03/2021.
CIVIL LAW SELF-HELP CENTER. n. d. “Responding to the Other Side’s
Requests for Information.” Available online. In: https://www.
civillawselfhelpcenter.org/self-help/lawsuits-for-money/discovery-
stage-getting-the-information-you-need/245-responding-to-the-other-
sides-request-for-information. Date of consultation: 02/03/2021.
CONGRESS OF LAWYERS OF UKRAINE. 2017. The Rules of the Lawyers’
Ethics. Available online. In: https://zakon.rada.gov.ua/rada/show/
n0001891-17#Text. Date of consultation: 21/03/2021.
DEMIDOV, Artem. 2018. “The Lawyer’s Enquiry in the Republic of
Belarus and Russian Federation.” Available online. In: http://www.
institutemvd.by/components/com_chronoforms5/chronoforms/
uploads/20190108163826_.pdf Date of consultation: 02/03/2021.
DERGUNOVA, Viktoriya Andreevna. 2017. Theory and Practice of Solving
Child-Related Conicts in Court: Lawyer’s Practice Experience. PhD
thesis. Kutan Moscow State Law University (MSAL). Moscow, Russia.
DOMAINE LEGALE. n. d. “Mise en Demeure par Avocat: Pourquoi? Un
Courrier d’Avocat Peut Être Décisif [Legal Notice by a Lawyer: Why? A
Legal Letter Can Be Decisive]” Available online. In: https://domaine-
legal.com/che-pratique/144/mise-en-demeure-avocat-pourquoi Date
of consultation: 02/03/2021.
GARAMVÖLGYI, Balázs; LIGETI, Katalin; ONDREJOVA, Anna; VON GALEN,
Margarete. 2020. “Admissibility of evidence in criminal proceedings in
the EU” In: Eucrim. Vol. 3, pp. 201-208.
HROMKO, Volodymyr Yaroslavovych. 2020. “Lawyers request, a procedural
document in a court proceeding.” In: Scientic and Information Bulletin
of the Ivano-Frankivsk University n. a. King Danylo Halytsly. Series:
Law. Vol. 9, No. 21, pp. 96-102.
480
Marharyta A. Pohosian, Maryna S. Horodetska, Mykola Y. Veselov, Dmytro O. Pylypenko y
Olena V. Banchuk-Petrosova
The Role of a Lawyer’s Request as a Means of Legal Communication in the Field of Human Rights
Advocacy
HUMAN RIGHTS HOUSE NETWORK. 2015. Human Rights Lawyers. The
Need to Strengthen Guarantees for the Provision of Legal Assistance
(on the example of Azerbaijan, Belarus, Moldova, Russia, and Ukraine).
Human Rights House Network. Geneva. Oslo, Norway.
INTERNATIONAL COMMISSION OF JURISTS. 2020. Recommendations
on the Independence of Legal Profession and Role of Lawyers in Justice
Systems of the Central Asian States. Available online. In: https://www.icj.
org/wp-content/uploads/2020/04/Central-Asia-Recommendations-
Advocacy-2020-ENG.pdf. Date of consultation: 02/03/2021.
KACHURA, Oleksandr Anatoliyovych. 2020. “Explanatory Note to the
draft Law of Ukraine “On Amendments to Certain Legislative Acts
of Ukraine (on Improving Opportunities for Providing Professional
Legal Assistance and Improving the Procedure for Drawing Up
Protocols on Administrative Oenses for Violation of the Right to
Information”). Available online. In: http://w1.c1.rada.gov.ua/pls/
zweb2/webproc34?id=&pf3511=68469&pf35401=525080. Date of
consultation: 02/03/2021.
KRENETS, Alexandr. 2018. Lawyer’s Request: The Eectiveness of the Tool.”
Available online. In: https://pravo.ua/advokatskij-zapros-jeektivnost-
instrumenta/. Date of consultation: 02/03/2021.
LAW OFFICE OF AARON D. BUNDY. n. d. “The Discovery Process.” Available
online. In: https://www.bundylawoce.com/library/the-discovery-
process.cfm. Date of consultation: 02/03/2021.
LAW SOCIETY OF BRITISH COLUMBIA. 2017. “Ownership of Documents
in a Client’s File.” Available online. In: https://www.lawsociety.
bc.ca/Website/media/Shared/docs/practice/resources/ClientFiles-
ownership.pdf Date of consultation: 02/03/2021.
LAW SOCIETY UK. 2020. “Ownership of Documents.” 2020. Available online.
In: https://www.lawsociety.org.uk/topics/client-care/ownership-of-
documents. Date of consultation: 02/03/2021.
LAYEVSKIY, Dmitriy; PYLCHENKO, Yevgeniy; STALMAKHOVA, Yulia.
2018. The Lawyer’s Enquiry: Benets for a Client and Obstacles
to Implementation. Available online. In: http://www.advokat.by/
content/yuridicheskaya_pomosch/public/advokatskiy-zapros-polza-
dlya-klienta-i-prepyatstviya-k-primeneniyu/. Date of consultation:
21/03/2021.
LES ECHOS SOLUTIONS. 2016. “Courrier D’avocat ou une Convocation
au Tribunal, Comment Réagir? [Legal Letter or Summons to Court,
481
CUESTIONES POLÍTICAS
Vol. 39 Nº 70 (2021): 465-484
How to Respond?]” Available online. In: https://solutions.lesechos.
fr/juridique/c/reagir-lorsquon-recoit-courrier-davocat-convocation-
tribunal-533/. Date of consultation: 02/03/2021.
MAKAROV, Sergey Yurievich. 2019. “Prospects for bringing parents and
other close relatives to criminal responsibility for the abduction of their
children” In: Actual Problems of Russian Law. Vol. 11, pp. 120-125.
MAKAROV, Sergey Yurievich. 2020. Nuances of Composing and Directing
Lawyers’ Enquiries. Available online. In: https://www.advgazeta.ru/
novosti/tonkosti-sostavleniya-i-napravleniya-advokatskikh-zaprosov/.
Date of consultation: 02/03/2021.
MAMCHENKO, Natalya. 2021. Not Giving the Respond to the Lawyer’s Enquiry:
The Council of Lawyers Changed the Rules of Drawing Up Protocols.
Available online. In: https://sud.ua/ru/news/publication/207083-
nepredostavlenie-otveta-na-advokatskiy-zapros-rada-advokatov-
izmenila-pravila-sostavleniya-protokolov. Date of consultation:
02/04/2021.
META JURE. 2016. Surprising Statistics about Lawyer Information Overload.
Available Online. In: https://metajure.com/surprising-statistics-lawyer-
information-overload/. Date of consultation: 02/03/2021.
MINISTRY OF JUSTICE OF THE NETHERLANDS. 2019. Code of Criminal
Procedure of the Netherlands.” Available online. In: https://wetten.
overheid.nl/BWBR0001903/2019-08-01#BoekEerste. Date of
consultation: 02/03/2021.
MINISTRY OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN. 2018. The
Order of Composing and Directing the Lawyers Enquiry. Available
online. In: https://online.zakon.kz/Document/?doc_id=32920798.
Date of consultation: 02/03/2021.
MINISTRY OF JUSTICE OF THE RUSSIAN FEDERATION. 2016. “The Order
on Approving the Demands to the Form, Order of Composing and
Directing the Lawyer’s Enquiry.” Available online. In: https://docs.cntd.
ru/document/420387000. Date of consultation: 02/03/2021.
MINISTRY OF JUSTICE OF THE UK. 2020. “Practice Direction 31b –
Disclosure of Electronic Documents.” Available online. In: https://www.
justice.gov.uk/courts/procedure-rules/civil/rules/part31/pd_part31b.
Date of consultation: 02/03/2021.
NATIONAL ASSOCIATION OF LAWYERS OF UKRAINE AND COUNCIL OF
LAWYERS OF UKRAINE. 2020. Resolution of the National Association
of Lawyers of Ukraine, the Council of Lawyers of Ukraine “On Approval
482
Marharyta A. Pohosian, Maryna S. Horodetska, Mykola Y. Veselov, Dmytro O. Pylypenko y
Olena V. Banchuk-Petrosova
The Role of a Lawyer’s Request as a Means of Legal Communication in the Field of Human Rights
Advocacy
of Clarication on Receipt of Original Documents at the Request of a
Lawyer, Subject to their Voluntary Issuance at the Request of a Lawyer”
№ 103 from 15.10.2020. Available online. In: https//zakon.rada.gov.ua/
rada/show/v0103871-20#Text. Date of consultation: 21/03/2021.
NAZARBAEV, Nursultan. 2018. “The Law of the Republic of Kazakhstan
“On Lawyer’s Practice and Legal Help””. Available online. In:
https://online.zakon.kz/Document/?doc_id=33024087&doc_
id2=33024087#pos=3;-98&pos2=498;-74. Date of consultation:
02/03/2021.
NIKONOV, Maksim; HODZHAEVA, Ekaterina. 2016. “On Changes in the
Legislation on the Legal Practice and Lawyer’s Activity”. Available online.
In: https://enforce.spb.ru/chronicle/publications-of-the-media/6773-
2016-jul-04-14-17-15. Date of consultation: 02/03/2021.
OLEKSIYUK, Tetyana. 2020. Using Lawyer’s Enquiry and Informational
Enquiry in the Daily Activity of a Lawyer. Available online. In: https://
www.hsa.org.ua/blog/vykorystannya-advokatskogo-zapytu-ta-
informatsijnogo-zapytu-u-shhodennij-diyalnosti-advokata/. Date of
consultation: 21/03/2021.
POHOSIAN, Marharyta Arsenivna. 2020. “Forms of legal communication
in the context of interaction of law enforcement, human rights and
judicial bodies: theoretical and legal analysis” In: Juridical Scientic and
Electronic Journal. Vol. 4, pp. 18-21.
PYSARENKO, Darya. 2016. “The Monopoly of the Bar as a Tool for the
Elimination of Its Independence and as a Violation of the Rights to
Defence”. Available online. In: https://voxukraine.org/monipiliya-
advokatury-ua/. Date of consultation: 02/03/2021.
ROBICHAUD. 2020. “First Time Speaking to a Lawyer? Let’s Make This
Easy, Start with “Hello.”” https://robichaudlaw.ca/eectively-
communicating-with-lawyers/. Date of consultation: 02/03/2021.
ROTHMAN, Jordan. 2019. Gathering Evidence for a Potential Lawsuit.
Available online. In: https://www.rothmanlawyer.com/gathering-
evidence-for-a-potential-lawsuit/. Date of consultation: 21/03/2021.
SIZINTSEV, Sergey. 2021. “Review of Judicial Practice on the Consideration
of Cases Related to Obstruction of the Legal Activities of a Lawyer.”
Available online. In: http://www.agka.kz/ru/obzor-sudebnoj-praktiki-
po-rassmotreniyu-del-svyazannyh-s-vosprepyatstvovaniem-zakonnoj-
deyatelnosti-advokata/. Date of consultation: 02/03/2021.
483
CUESTIONES POLÍTICAS
Vol. 39 Nº 70 (2021): 465-484
SODIKOV, Sharbatullo Dzhaborovich. 2018. “The Lawyer’s Requests Are
Ignored: On Problems the Lawyer Faces in Process of Cooperation
with Diplomatic Missions.” Available online. In: http://ka-advocat.
ru/14-02-18-%D0%B7%D0%B0%D0%BF%D1%80%D0%BE%D1%8
1%D1%8B-%D0%B0%D0%B4%D0%B2%D0%BE%D0%BA%D0%B
0%D1%82%D0%BE%D0%B2-%D0%B8%D0%B3%D0%BD%D0%B
E%D1%80%D0%B8%D1%80%D1%83%D1%8E%D1%82-%D0%BE-
%D0%BF%D1%80%D0%BE. Date of consultation: 02/03/2021.
TAYLOR, Josh. 2020. Gathering Data on Your Client. Know Your Clients’
Background Better than They Do. Available online. In: https://www.
attorneyatwork.com/investigative-data-part-one-gathering-data-on-
your-client/. Date of consultation: 02/03/2021.
TECHNOLOGY SAFETY. 2018. Evidence Collection Tips for Civil Attorneys.
Available online. In: https://www.techsafety.org/civil-attorneys-
evidence. Date of consultation: 02/03/2021.
UKRAINIAN NATIONAL BAR ASSOCIATION (UNBA). 2019. “Ukrainian
National Bar Association, Annual Report 2019.” Available online. In:
https://unba.org.ua/assets/uploads/news/zvity/NEW_ANNUAL_
REPORT_2019_05.pdf. Date of consultation: 02/03/2021.
UKRAINIAN NATIONAL BAR ASSOCIATION (UNBA). 2021. “Statistical
Information on the Activity of the Bar Self-Government Organs”.
Available online. In: https://unba.org.ua/assets/uploads/news/zvity/
RAR_2020_Rik_2.pdf. Date of consultation: 02/03/2021.
UNIFIED STATE REGISTER OF COURT DECISIONS OF UKRAINE. n. d.
“Unied State Register of Court Decisions of Ukraine (Homepage)”.
Available online. In: https://reyestr.court.gov.ua/. Date of consultation:
21/03/2021.
UNITED NATIONS’ OFFICE OF THE HIGH COMMISSIONER FOR HUMAN
RIGHTS. 1990. Basic Principles on the Role of Lawyers Adopted by the
Eighth United Nations Congress on the Prevention of Crime and the
Treatment of Oenders, Havana, Cuba. Available online. In: https://
www.ohchr.org/en/professionalinterest/pages/roleoflawyers.aspx.
Date of consultation: 02/03/2021.
UNITED STATES DISTRICT COURT OF NORTHERN DISTRICT OF
CALIFORNIA. n. d. “Guidelines for Professional Conduct.” Available
online. In: https://www.cand.uscourts.gov/forms/guidelines-for-
professional-conduct/. Date of consultation: 02/03/2021.
484
Marharyta A. Pohosian, Maryna S. Horodetska, Mykola Y. Veselov, Dmytro O. Pylypenko y
Olena V. Banchuk-Petrosova
The Role of a Lawyer’s Request as a Means of Legal Communication in the Field of Human Rights
Advocacy
VERKHOVNA RADA OF UKRAINE. 1984. The Code of Ukraine on
Administrative Oenses. Available online. In: https://zakon.rada.gov.
ua/laws/show/80731-10. Date of consultation: 02/03/2021.
VERKHOVNA RADA OF UKRAINE. 1992. The Law of Ukraine “On
Information”. Available online. In: https://zakon.rada.gov.ua/laws/
show/2657-12. Date of consultation: 21/03/2021.
VERKHOVNA RADA OF UKRAINE. 2011. The Law of Ukraine “On Access to
Public Information”. Available online. In: https://zakon.rada.gov.ua/
laws/show/2939-17#Text. Date of consultation: 21/03/2021.
VERKHOVNA RADA OF UKRAINE. 2013a. The Law of Ukraine “On the Bar
and Legal Practice”. Available online. In: https://zakon.rada.gov.ua/
laws/show/5076-17#Text. Date of consultation: 21/03/2021.
VERKHOVNA RADA OF UKRAINE. 2013b. The Criminal Procedural Code
of Ukraine. Available online. In: https://zakon.rada.gov.ua/laws/
show/4651-17#Text. Date of consultation: 21/03/2021.
WOLTERS KLUWER. 2020. Future Ready Lawyer Survey 2020 Performance
Drivers. Wolters Kluwer. Alphen aan den Rijn. Ámsterdam, Netherlands.
YASINSKAYA, Marina. 2020. “Legal request: How to submit and to get
an answer” In: Yuridicheskaya Praktika. Vol. 36-37, No. 1185-1186.
Available online. In: https://pravo.ua/articles/advokatskij-zapros-kak-
podat-i-poluchit-otvet/. Date of consultation: 02/03/2021.
www.luz.edu.ve
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