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Fiduciary Activity of an Attorney-At-Law: Experience of the EU and the USA and Prospects for Implementation in Ukraine

100%
Hansetska V.
Copernicus Political and Legal Studies
|
2023
|
vol. 2
|
issue 3
58-62
EN
The article deals with the concept of fiduciary activity of an attorney-at-law. The author analyzes foreign experience, in particular, the EU and the USA on fiduciary activity, and conducts a comparative legal analysis. The author examines the prospects for introducing such activities into national legislation on the advocacy. The author focuses on European legislation, in particular, the Common Code of Practice for Lawyers of the European Community. The author examines in detail the procedure for fiduciary activities in the EU and the USA, with special attention paid to the procedure for providing such activities by attorneys. The author emphasizes the advantages and disadvantages of fiduciary activities in foreign countries. The author examines the draft amendments to the national legislation on the Advocacy regarding the introduction of fiduciary activities. The author emphasizes that although the experience of foreign countries with regard to fiduciary activities is quite positive, one should not try to quickly and blindly implement European standards into national legislation, as this will take time. The author determines that a lawyer who manages client’s funds in the course of performing professional duties in the territory of one of the Community States must comply with the rules for managing client’s funds and maintaining financial records established by the competent authorities of the State of registration. The author of the article also establishes that the competent authorities of all Community countries have the right to control and confidentially examine the financial documents of an attorney-at-law on the client’s funds placed at his disposal in order to identify cases of violation of the rules to be observed by the attorney- at-law and to impose sanctions on him in case of the above violations. The advocate, who manages the client’s funds in the course of the performance of his or her professional duties in the territory of one of the Community states, shall comply with the rules for the management of client’s funds and the maintenance of financial records established by the competent authorities of the state of registration.
2

Przewłaszczenie nieruchomości na zabezpieczenie w świetle art. 3871 kodeksu cywilnego - uwagi krytyczne

72%
Nowakowski T.
Rejent
|
2021
|
issue 9 (365)
58-75
EN
The author criticizes the introduced art. 3871 of the Civil Code. In his opinion, this standard will raise a number of practical doubts, the solution of which will be entirely transferred to the judicature. It also points out that the introduced regulation will not achieve the goal intended by the legislator due to the random selection of the grounds for invalidity and the ineffectiveness of this sanction.
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