Who can serve as a paralegal?

The legal framework for appointing a lawyer’s assistant to begin their practice is established by the Law of Ukraine “On the Bar and the Practice of Law” and the Regulations on Lawyer’s Assistants, approved by the Bar Council on September 25, 2015. A legal assistant may be a citizen of Ukraine, and, in certain cases, a person with a work permit in Ukraine for the position of a lawyer’s assistant, who holds a full higher legal education, is fluent in the official language, and has completed a special training course at the Higher School of Advocacy of the National Bar Association of Ukraine. After concluding an employment contract, the attorney, law firm, or bar association submits an application with the necessary attachments to the regional bar association requesting the issuance of a legal assistant certificate and the entry of information about the legal assistant into the Unified Register of Attorneys (URA). Afterward, once the processing time has elapsed, the assistant is issued the certificate upon personal signature. Only after the assistant’s information has been entered into the Unified Register of Attorneys does he or she acquire official status. An entry in the Unified Register of Attorneys serves as official confirmation of the assistant’s employment relationship with the attorney for courts, pretrial investigation authorities, and other institutions.

Now that we have determined who can become a legal assistant and how, let’s move on to defining what a legal assistant is under Ukrainian law and what procedural complexities arise in their work.

The Criminal Procedure Code of Ukraine is the primary procedural statute governing the conduct of criminal proceedings. However, its provisions—specifically Chapter 3, “The Court, the Parties, and Other Participants in Criminal Proceedings”—do not explicitly mention a lawyer’s assistant as a participant in criminal proceedings. The absence of a legally established status—or even a mention—of the assistant in the Criminal Procedure Code calls into question the ability of the assistant to perform actions that may be delegated to them by a lawyer.

In practice, situations arise where: pre-trial investigation authorities refuse to grant an assistant access to case materials even upon written authorization from a lawyer, citing the assistant’s lack of procedural status; court and prosecutor’s office registries refuse to accept documents from a legal assistant without the attorney’s personal presence, even if the documents are signed by the attorney and properly executed. In civil or commercial cases, there are instances where an assistant is not permitted to file a complaint or an appeal, and the lawyer’s personal appearance is required, which leads to delays in the proceedings and unnecessary time expenditure.

Based on the content of Articles 45, 58, 63, 64-1, and 64-2 of the Criminal Procedure Code of Ukraine —which, to a certain extent, establish the procedural status of a lawyer in criminal proceedings—we draw the additional conclusion that there is no mention of a lawyer’s assistant and no legal basis for their professional activities.

The CPC of Ukraine indirectly creates procedural barriers to the effective participation of an assistant in a lawyer’s practice.

The Law of Ukraine “On the Bar and the Practice of Law” establishes the possibility for a lawyer to have assistants from among individuals who hold a full higher legal education. Paragraph 2 of Article 16 of this Law stipulates that assistants may carry out a lawyer’s instructions in cases being handled by the lawyer, except for those falling within the lawyer’s procedural powers (rights and obligations).

However, the Law also does not provide a clear list of an assistant’s powers and refers us to the Regulations on Attorney Assistants; it does not define the assistant’s procedural status in criminal proceedings, leaving many questions open or dependent on the internal organization of the attorney’s practice.

The Regulations on Attorney Assistants, approved by the Bar Council on September 25, 2015, define the concept of an assistant as — a natural person who carries out activities on the basis of and in accordance with the procedures provided for by the Law of Ukraine “On the Bar and the Practice of Law,” the Labor Code of Ukraine, the Rules of Attorney Ethics, and these Regulations. Paragraph 8.2.5 of the section “Rights and Duties of a Lawyer’s Assistant” contains the following provision: A lawyer’s assistant (of a law firm or association) subject to the written consent of the client, has the right to: carry out legal assignments, handle straightforward court cases on behalf of and under the supervision of the attorney, and provide consultations on legal matters. This may include: visiting various government and private institutions to file motions, applications, or complaints, and reviewing case files. Thus, the vague concept of “legal assignments” may or may not contradict the provision of the aforementioned paragraph 2 of Article 16 of the Law of Ukraine “On the Bar and the Practice of Law,” leaving the resolution of this issue to the subjective judgment of an individual employee of a pretrial body.

Paragraph 8.2.6 of the Regulations stipulates that, in straightforward cases, a lawyer may, upon authorization, review case materials and make excerpts and copies. However, the concept of “uncomplicated cases” may also depend on the internal organization of legal practice among different attorneys.

Taking a broader view of this section, we can conclude that the Regulations specify that a lawyer’s assistant is a person who provides organizational, technical, analytical, and other assistance to a lawyer in the course of the lawyer’s professional activities. They work exclusively under the supervision of a lawyer and do not have the right to practice law independently or represent a client without a lawyer’s authorization or the client’s written consent.

Thus, the status of a lawyer’s assistant is auxiliary, and their activities are directly linked to the lawyer’s tasks, rather than to procedural functions in criminal proceedings.

Improving the Legislation

An analysis of the aforementioned legislation indicates that the legal status of a lawyer’s assistant in Ukraine is incomplete, insufficiently regulated, and—particularly in the sphere of criminal procedure—does not contain clearly defined permitted actions on the part of the assistant. This limits their capabilities and creates obstacles to the performance of their professional duties. In my subjective opinion, to enhance the effectiveness of the defense team and reduce procedural difficulties, it would be advisable to consider the following areas for improvement:

Amend the Criminal Procedure Code of Ukraine to provide for the participation of a legal assistant in criminal proceedings as a person acting as part of a team with the attorney and assisting the attorney within the scope of defined powers. Define a list of specific procedural rights: the right to receive copies of case materials upon written authorization from the attorney; the right to be present during certain investigative actions; the right to submit documents to investigative authorities and the court; and so on. Similarly, expand the provisions of Article 45 of the Criminal Procedure Code of Ukraine by adding a paragraph regarding the assistant: “3. Upon the attorney’s instruction and with the written consent of the client (suspect/accused/convicted person/acquitted person), the attorney’s assistant may carry out a number of tasks: …..” with a list (as illustrated in the example above), which could significantly facilitate and expedite the lawyer’s work in criminal proceedings, thereby granting the lawyer’s assistant a firmly established legal status.

In Articles 58, 63, 641, and 642 of the Criminal Procedure Code of Ukraine, which are fully based on Article 45 of the Criminal Procedure Code of Ukraine, a reference to the assistant should also be added: “…a person who, in criminal proceedings, has the right to act as a defense attorney and his or her assistant in accordance with the procedure established by this Code.”

Expand the provisions of the Law of Ukraine “On the Bar and the Practice of Law.” Establish a clear list of the functions of a defense attorney’s assistant and the limits of their liability. Provide procedural safeguards for the assistant (for example, protection against unjustified denial of access to case materials or consideration of motions, applications, or complaints).

Update the Regulations on Legal Assistants. Expand the section on interaction with pretrial investigation authorities and courts. Introduce standard forms of documents (powers of attorney, confirmation letters, etc.) that authorities are required to accept.

Conclusion

The institution of the attorney’s assistant in Ukraine, despite its importance for the effective organization of legal practice, remains insufficiently regulated with regard to procedural participation in criminal proceedings. An analysis of the Criminal Procedure Code of Ukraine, the Law of Ukraine “On the Bar and the Practice of Law,” and the Regulations on Legal Assistants has revealed the absence of explicit provisions defining the procedural status of legal assistants, which often leads to a number of practical problems that I have discussed above. This situation creates legal uncertainty and limits the potential to use legal assistants as a tool for enhancing the effectiveness of legal practice. These problems can be resolved by: 1. Amending the Criminal Procedure Code of Ukraine to establish a minimum set of procedural rights for legal assistants; 2. Clarifying the provisions of the Law “On the Bar and the Practice of Law” regarding the functions, rights, and guarantees of legal assistants; 3. Updating the Regulations on Legal Assistants to account for the need to interact with investigative authorities and courts; 4. Introducing standard forms for powers of attorney and a unified mechanism for confirming authority.

The examples of reforms to current legislation cited in this article will help reduce procedural barriers, ensure the effective work of legal teams, and improve the quality of legal aid in Ukraine.