Subject of Dispute: Challenging the Return of a Statement of Claim Due to Doubts Regarding the Lawyer’s Authority.
Main Arguments of the Court:
1. Returning a statement of claim that is drawn up in accordance with procedural law and signed by a lawyer constitutes a violation of the right to judicial protection.
2. The presence of a certificate of the right to engage in legal practice and a legal assistance agreement confirms the lawyer’s authority.
3. The absence of information about the lawyer in the Unified Register of Lawyers of Ukraine cannot be grounds for doubting their right to practice law.
Court Decision: To leave the cassation appeal unsatisfied, the appellate court’s ruling unchanged.
Note: The court deviates from its previous position regarding the requirements for a lawyer’s power of attorney, emphasizing the priority of an individual’s right to judicial protection.
