An attorney has the right to independently certify copies of the power of attorney

An attorney has the right to independently certify copies of the power of attorney

February 12, 2019
Law practice 
Such a conclusion was made by the Supreme Court in the composition of the panel of judges of the Administrative Court of Cassation in its judgment of 17 January in the case № 809/1092/18 .
In the circumstances of the case, the Court of Appeal refused to accept the complaint because of the lack of confirmation of the powers of the lawyer to the representation (the complainant, in the opinion of the court, filed documents not established by the procedural law, and their copies, certified by the lawyer themselves). However, according to the Supreme Court, the Court of Appeal did not take into account that under Art. 296 KAS of Ukraine submission of original documents for confirmation of authority from the person who signed the appeal, is not provided and certain special requirements for the certification of copies is not established.

In this case, the plaintiff's representative led the case on behalf of the Client, and therefore he, as a lawyer, had the professional right to certify all copies of the documents in the cases, including copies of the power of attorney.

Moreover, according to the rules of par. 2 h 5 st. 94 CAS Ukraine of a party to the case can confirm the conformity of a copy of the written proof of the original, which he has, only with his signature indicating the date of such certification. Other requirements for copies of a written document do not contain a procedural law.

Therefore, according to the Supreme Court's conclusion, the lawyer has the right to independently certify copies of the power of attorney.

Recall the similar legal conclusion the Supreme Court earlier made in case 803/886/18 (ruling of 10/03/2018).

But the opposite legal findings of the Supreme Court regarding the application of Art. 59 CAS Ukraine, issued in cases No. 826/26890/15, 826/13806/17, 2a-34/11/1370, referred to by the Court of Appeal, may not be relevant, since none of these cases was a representative of a lawyer and the provisions of the Law "On Advocacy and Advocacy" were not applied.

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