Public contract
on the provision of legal aid,
legal consulting and legal representation
LAW ASSOCIATION "EQUITA"
This Public Agreement on the provision of legal assistance, legal advice and legal representation, hereinafter referred to as the "Agreement", is an official and public proposal (offer) of the "EQUITA" LAW ASSOCIATION (EDRPOU Code 42500599, location: Plastivska St., b. 6, Dnipro, 49008), hereinafter referred to as the "LAW ASSOCIATION", conclude an agreement on the provision of legal assistance, information about which is posted on the website www.ekvita.com.ua
This Agreement is a public agreement in accordance with the requirements of Art. 633 of the Civil Code of Ukraine and has the appropriate legal force, its conditions are the same for all Clients of the LAW ASSOCIATION regardless of their status (individual, legal entity, individual entrepreneur) without favoring one Client over another.
The conclusion of this Agreement confirms the Client's full agreement with the terms of the Agreement, the procedure for providing legal assistance, the rules and other conditions of cooperation set forth in the Agreement at the time of providing legal assistance to the LAW ASSOCIATION.
This Agreement defines the procedure for providing services to the LAW ASSOCIATION under the Agreement, as well as mutual rights, obligations and the order of relations between the LAW ASSOCIATION and the Client who accepted (accepted) a public proposal (offer) to conclude this Agreement in the manner specified in Section 3 of this Agreement.
In this Agreement, the words "BAR ASSOCIATION" mean the Partners (founders) of the bar association, its employees (specialists), assistant attorneys, other attorneys engaged on a contractual basis.
The LAW ASSOCIATION and the Client are collectively referred to as the “Parties” and each individually as a “Party”.
- SCOPE OF THE CONTRACT
1.1. The LAW ASSOCIATION undertakes to provide legal assistance to the extent and under the conditions provided for in this Agreement.
1.2. The LAW ASSOCIATION, in accordance with the mandates agreed by the Parties, provides the Client with legal assistance, which may consist of the following:
- provides consulting and legal services to the Client regarding the protection of the interests of the latter and/or in the interests of the persons for whose benefit this contract was concluded, before natural persons, in state authorities, prosecutor's offices, the Ministry of Internal Affairs and the Security Service of Ukraine, the state executive service, private executors, the Ministry of Justice and its structural subdivisions (bodies), at enterprises, in institutions, organizations of all forms of ownership and subordination, as well as in general, administrative and economic courts of Ukraine of all instances, in particular in civil, economic and administrative cases, in cases of administrative offenses, in cases separate and mandatory proceedings, in criminal proceedings, including when challenging the actions and inactions of officials and officials, etc.
- represents the interests of the Client in all judicial bodies and instances of Ukraine, in particular, in local general courts, general courts of appeal, local commercial courts, appellate commercial courts, local administrative courts, appellate administrative courts, the Supreme Court, the Constitutional Court of Ukraine, in arbitration courts, in the International Commercial Arbitration Court at the Chamber of Commerce and Industry of Ukraine, in district courts (the formation of which is provided for by current legislation), in the bodies of the State Executive Service, before private executors, in the bodies of the Security Service of Ukraine and the Prosecutor's Office, in the bodies of the Ministry of Internal Affairs of Ukraine, the National Police of Ukraine, in notary bodies, bodies of the Ministry of Justice of Ukraine, including structural units, registration service, civil status registration bodies, state treasury bodies, state fiscal service bodies and all other bodies of state power and local self-government, as well as in relations with by all enterprises, institutions, organizations regardless of the forms of ownership, organizational and legal structure, territorial location and subordination, in relations with natural persons, including business entities with all the rights granted by law to the plaintiff (civil plaintiff and defendant), the defendant , a debt collector, a debtor, a victim, a third party, a witness, an applicant, a complainant, including with the right to file a lawsuit, change the grounds or subject of a lawsuit, increase or decrease the amount of claims, file a counterclaim, submit statements and complaints, conclusion of a settlement agreement at any stage of the process, to recognize claims in whole or in part, to demand the execution of a court decision, to appeal a decision, resolutions and decisions of a court, to receive, decisions, decisions, an executive letter, an order and to present it for execution with the right to submit an application on the return of enforcement documents to the debt collector; with the right to sign and submit documents, including statements, petitions, objections, objections, complaints, clarifications, explanations, requests, appeals, notices, evidence, etc.; conduct preliminary negotiations and coordinate procedural issues; receive any documents, including answers, references, certificates, extracts, extracts, decisions, resolutions, decrees, decisions in absentia, etc., including those containing personal data and other confidential and personal information, information with limited access, in including but not limited to bank secrets, as well as their copies; to pay state duty, court fee and other necessary payments on behalf of the Client; certify copies of documents with your signature; perform other actions in the interests of the Client.
- represents the interests of the Client in courts, in the prosecutor's office, the Ministry of Internal Affairs and the Security Service of Ukraine during pre-trial and judicial investigations, criminal proceedings, in cases of administrative offenses, submit statements, petitions, explanations, evidence and take other actions to protect the rights and interests of the Client.
- has the right to represent the interests of the client in the bodies of the State Executive Service, in front of private executors, in the bodies of the Security Service of Ukraine and the Prosecutor's Office, in the bodies of the Ministry of Internal Affairs of Ukraine, the National Police of Ukraine, in the notary bodies, bodies of the Ministry of Justice of Ukraine, including structural divisions, registration service, bodies for registration of acts of civil status of citizens, bodies of the state treasury, in bodies of the state fiscal service and all other bodies of state power and local self-government, as well as in relations with all enterprises, institutions, organizations regardless of the forms of ownership, organizational and legal structure, territorial placement and subordination, in relations with natural persons, including business entities, in the matters of execution of decisions in favor of the client, including receiving into one's bank account funds that are awarded or subject to return in the name of one's client, or receive other property for the benefit of the client on his behalf.
According to the terms of this agreement, the LAW ASSOCIATION is granted all powers without exception on all issues, even if they are not expressly stated in the Agreement.
1.3. To provide legal assistance to the Client, the LAW ASSOCIATION appoints:
– lawyer(s) from among the Partners (founders) or from among other lawyers engaged on a contractual basis, by issuing a warrant indicating information about the authorized lawyer;
– lawyer(s) and/or specialist(s) by issuing a power of attorney with information on the authorized representative and a list of his powers.
1.4. The term of providing legal assistance is the period of time during which the LAW ASSOCIATION fulfills the Client's mandate after payment of the invoice issued first to the last. The term of providing legal aid to the LAW ASSOCIATION is established by oral or written agreement of the Parties, depending on the composition and scope of the Client's assignment and the complexity of the case.
1.5. On behalf of the LAW ASSOCIATION and/or the lawyer, assistants of the lawyer entered in the Unified Register of Lawyers of Ukraine under the appointed lawyer may act. The powers of the lawyer's assistant are confirmed both by this Agreement and by a separately issued power of attorney.
1.6. The lawyer may entrust the execution of legal assistance under this Agreement to the lawyer's assistants, except for assignments and actions that, according to the current legislation, can be performed only by the lawyer. The attorney's assistants are obliged to maintain the confidentiality of the information received under this Agreement or in connection with it.
- RIGHTS AND DUTIES
2.1. Rights and obligations of the BAR ASSOCIATION:
2.1.1. When fulfilling the Client's instructions and the terms of the Agreement, the LAW ASSOCIATION is obliged to implement the rights and obligations under the Agreement, guided exclusively by the interests of the Client and/or the persons for whose benefit this agreement was concluded, and to act with such a calculation as to minimize the possibility of material damage or non-material damage and any other losses to the Client and the likelihood of the Client and/or the persons for whose benefit this contract was concluded in the future being held liable for any type of liability.
2.1.2. In fulfilling the obligations provided for in Section 1 of the Agreement, the LAW ASSOCIATION and its authorized attorneys are governed by the Law of Ukraine "On Advocacy and Advocacy", the current legislation of Ukraine and the terms of this Agreement.
2.1.3. The BAR ASSOCIATION is prohibited from disclosing data and transferring documentation, which is a lawyer's secret, to third parties, as well as from using them in its own interests.
2.1.4. The LAW ASSOCIATION has the right to entrust part of its duties to another person with whom the LAW ASSOCIATION concludes a separate contract. In case of assigning part of its obligations to another person, the LAW ASSOCIATION remains fully liable to the Client for violation of the terms of this Agreement.
2.2. Rights and obligations of the Client:
2.2.1. The client undertakes to: timely provide the LAW ASSOCIATION with everything necessary for the execution of the assignments provided for in this Agreement, in particular, documents and information, and if necessary, a workplace, means of transport, etc.
2.2.2. When resolving the Client's disputes with enterprises, institutions, organizations and individuals, state and local self-government bodies, their officials and employees, the Client is obliged to promptly provide complete and reliable information necessary for the settlement of the respective dispute.
2.2.3. The client is obliged to pay the expenses necessary for the execution of his orders, as well as the remuneration (fee, if the Agreement is paid) for the provision of legal assistance in the order and terms stipulated by the Parties in the Agreement.
2.3. It is explained to the client and he understands that the LAW ASSOCIATION does not guarantee 100% winning the case, but will take all necessary actions to achieve the maximum result. Also, the Client has been notified of all factual and legal circumstances and grounds known to the LAW ASSOCIATION, which may positively or negatively affect the likely execution of the mandate under this application.
- CONTRACT CONCLUSION PROCEDURE
3.1. This Agreement is a public Agreement, according to which the LAW ASSOCIATION undertakes to provide legal assistance to an unspecified number of persons (Clients) who have applied for the specified legal assistance.
3.2. Publication (posting) of the text of this Agreement via the link: https://ekvita.com.ua/oferta/ is a public proposal (offer) of the LAW ASSOCIATION addressed to an unspecified circle of persons to enter into this Agreement.
3.3. The conclusion of this Agreement is carried out by joining the Client to this Agreement, that is, by means of acceptance (acceptance) by the Client of the terms of this Agreement as a whole, without any conditions, exclusions and reservations.
3.4. The fact that confirms the conclusion (acceptance) of this Agreement by the Client is the implementation by the Client of all or any of the following actions:
- sending the "Request for consultation" form, located at the link: https://ekvita.com.ua/zapyt-na-konsultatsiyu/ and payment by the Client of the fee to the LAW ASSOCIATION on the basis of the provided account and/or details of the LAW ASSOCIATION;
- providing the Client to the LAW ASSOCIATION in any way convenient for the Client (by telephone, messenger, e-mail, letter, etc.) ;
– payment by the Client of the fee to the LAW ASSOCIATION on the basis of the provided invoice and/or details of the LAW ASSOCIATION;
- concluding the Addendum to this Agreement in writing and paying the fee to the LAW ASSOCIATION by the Client on the basis of the provided invoice and/or details of the LAW ASSOCIATION;
- payment by the Client of the fee to the LAW ASSOCIATION on the basis of the provided invoice and/or requisites of the LAW ASSOCIATION and the signing of the Act on completed works (services rendered) by the Client in the manner specified in Section 5 of this Agreement.
3.5. Implementation of aggregate or any individual actions specified in clause 3.4. of this Agreement, is considered full and unconditional acceptance of the terms of the Agreement in accordance with Art. 642 of the Civil Code of Ukraine.
3.6. When applying to the LAW ASSOCIATION by filling out the "Request for consultation" form located at the link: https://ekvita.com.ua/zapyt-na-konsultatsiyu/
The client undertakes to provide the following mandatory information necessary for the LAW ASSOCIATION to fulfill the terms of this Agreement:
3.6.1. Surname, first name and patronymic of the Client;
3.6.2. The address of registration of the place of residence with an index and the address of the actual place of residence with an index (in case it does not match the address of the place of registration);
3.6.3. Contact phone number;
3.6.4. Email address (if available);
3.6.5. RNOKPP (for an individual), EDRPOU code (for a legal entity) and identification code (for an individual entrepreneur);
3.6.6. The type of legal assistance that the Client intends to receive (brief description of the circumstances);
3.6.7. Confirmation of agreement (acceptance) of the public offer (offer) on the conclusion of a Public Agreement on the provision of legal assistance, legal consulting and legal representation of the "EQUITA" LAWYER ASSOCIATION at the link https://ekvita.com.ua/zapyt-na-konsultatsiyu/;
3.6.8. Confirmation of consent in accordance with the requirements of the Law of Ukraine "On the Protection of Personal Data" to the processing, storage and transfer of provided personal data;
3.6.9. Date of completion.
The client is responsible for the accuracy of the information provided when filling out the "Request for consultation" form.
3.7. If any of the Parties to the contract needs additional information, it has the right to request it from the other Party. If the Client does not provide the necessary information to the LAW ASSOCIATION, the LAW ASSOCIATION has the right to refuse to enter into this Agreement.
- CONTRACT TERM
4.1. This Agreement enters into force from the date of acceptance (offer) of this Agreement by the Client and is valid until the occurrence of one of the following events (depending on which event occurs earlier):
4.1.1. the actual performance of the Agreement by the LAW ASSOCIATION;
4.1.2. absence of the LAW ASSOCIATION actual ability to perform the Agreement;
4.1.3. conclusion of a written Agreement between the LAW ASSOCIATION and the Client on the provision of legal assistance on general grounds.
4.2. This Agreement may be prematurely terminated by the consent of the Parties, as well as at the initiative of one of the Parties in case of non-fulfillment of the terms of this Agreement by the other party.
4.3. Each of the Parties has the right to withdraw from this Agreement by notifying the other Party 5 (five) working days before the date of termination (termination) of this Agreement, including, but not exclusively, in the following cases:
4.3.1. At the request of the Client - in case of unsatisfactory provision of legal assistance;
4.3.2. At the request of the BAR ASSOCIATION - in case of delay, for a period of more than 5 days, of payment in accordance with the terms of this Agreement. By signing this Agreement, the Client confirms that it has been explained to him and he understands and agrees with all possible consequences associated with the unilateral termination (termination) of this Agreement;
4.3.3. At the request of any of the Parties without explaining the reasons for termination (termination).
- FEE AND ACT ON PROVIDING LEGAL ASSISTANCE
5.1. For the legal assistance provided for in Section 1 of this Agreement, the Client pays the LAW ASSOCIATION a fee (fee). The fee is a form of remuneration of the LAW ASSOCIATION for providing legal assistance to the Client.
When determining the amount of the fee, the complexity of the case, qualification, experience and workload of the lawyers and specialists of the BAR ASSOCIATION and other circumstances may be taken into account.
5.2. The amount of the LAW ASSOCIATION's remuneration for the provision of legal assistance is determined by the LAW ASSOCIATION in the bill for payment.
The Client's agreement to the amount of the LAW ASSOCIATION's fee is the payment of the LAW ASSOCIATION's bill (in full or in part) and/or other actions that indicate such agreement, including, but not limited to, messages to messengers, e-mails, telephone numbers (mobile) numbers of the BAR ASSOCIATION and/or lawyers and specialists of the BAR ASSOCIATION.
The amount of remuneration (fee) agreed by the LAW ASSOCIATION with the Client can be changed only by mutual agreement of the Parties.
The Client's obligation to pay the fee is considered fulfilled from the moment of receipt of funds to the account of the LAW ASSOCIATION in full.
5.3. In exceptional cases, by separate agreement between the Parties, legal assistance may be provided by the LAW ASSOCIATION on pro bono terms (free of charge).
Pro bono (from the Latin pro bono publico - for the public good) means the provision of legal services (legal assistance), on a voluntary basis and free of charge, for the benefit of the community, especially for those persons who do not have the means to pay for these services.
5.4. The actual expenses related to the fulfillment by the LAW ASSOCIATION of its obligations under the Agreement are not included in the amount of the fee and are paid by the Client separately, by transferring funds in the national currency of Ukraine to the current account of the LAW ASSOCIATION.
5.5. The parties have agreed that the fee for the provided legal assistance will not be refunded. In case of disagreements regarding the quality and scope of legal assistance, the Parties shall resolve the dispute in accordance with the procedure established by the current legislation of Ukraine, including through negotiations.
5.6. Upon the provision of legal assistance to the LAW ASSOCIATION, an Act on completed works (provided services) is drawn up, which is signed by representatives of each of the Parties.
The Act on completed works (provided services) indicates the amount of legal assistance provided by the LAW ASSOCIATION and its cost.
The act of completed work (services rendered) is sent to the Client by the LAW ASSOCIATION by fax or mail, including electronically to the e-mail address specified in this Agreement, through any messenger, other means of communication, or delivered on purpose.
At the written request of the Client, the LAW ASSOCIATION can provide a detailed Report on the work performed.
5.7. The act of completed work (services provided) is considered signed if, within 5 (five) calendar days from the date of its sending to the Client, the latter has not provided the LAW ASSOCIATION with a signed Act of completed work (services provided).
5.8. Other fee conditions, not specified in this Agreement, are regulated by the requirements of the current legislation of Ukraine, which regulate the legal profession.
- LIABILITY OF THE PARTIES AND RESOLUTION OF DISPUTES
6.1. In case of violation of their obligations under this Agreement, the Parties bear the responsibility provided for by this Agreement and/or the current legislation of Ukraine.
6.2. Violation of an obligation is its non-fulfillment or improper fulfillment, that is, fulfillment in violation of the conditions defined by the content of the obligation.
6.3. The parties are not responsible for the violation of their obligations under this Agreement, if it was not their fault. The party is considered innocent if it proves that it has taken all measures dependent on it for the proper fulfillment of the obligation.
6.4. The Party shall be released from the responsibility defined by this Agreement and (or) the current legislation of Ukraine for a full or partial breach of the Agreement, if it proves that such breach occurred as a result of force majeure circumstances, the existence of which is confirmed by a relevant certificate from the competent state authorities.
6.5. All disputes related to this Agreement, or those that arise in the process of fulfilling the terms of this Agreement, are resolved through negotiations. If the dispute cannot be resolved through negotiations, it is resolved in a court of law according to the established jurisdiction and jurisdiction of such a dispute in the manner determined by the legislation of Ukraine.
- FORCE MAJEURE (CIRCUMSTANCES OF FORCE MAJEURE)
7.1. The parties are released from responsibility for non-fulfillment or improper fulfillment of the terms of this Agreement in the event of force majeure circumstances, such as fire, flood, epidemic, strikes, war or acts of terrorism, acts of authorities that affect the fulfillment of obligations and that prevent the fulfillment of the terms of this Agreement.
7.2. Force majeure circumstances (circumstances of force majeure) are extraordinary and unavoidable circumstances that objectively make it impossible to fulfill the obligations provided for in the terms of this Agreement, obligations in accordance with legislative and other regulatory acts, namely: the threat of war, armed conflict or serious threat of such conflict, including but not limited to enemy attacks, blockades, military embargoes, acts of a foreign enemy, general military mobilization, hostilities, declared and undeclared war, acts of a public enemy, disturbances, acts of terrorism, sabotage, piracy, riots, invasion, blockade, revolution, mutiny, uprising, mass riots, introduction of curfew, quarantine established by the Cabinet of Ministers of Ukraine, expropriation, forced seizure, seizure of enterprises, requisition, public demonstration, blockade, strike, accident, illegal actions of third parties, fire, explosion, long interruptions in the operation of transport, regulated by the terms of relevant decisions and acts of state authorities, closure of sea straits, embargoes, prohibition (restriction) of export/import, etc., as well as caused by exceptional weather conditions and natural disasters, namely: epidemic, strong storm , cyclone, hurricane, tornado, storm, flood, accumulation of snow, ice, hail, frost, freezing of the sea, straits, ports, passes, earthquake, lightning, fire, drought, subsidence and landslide, other natural disasters, etc.
7.3. If any of the above-mentioned circumstances directly affect the performance of obligations during the period of validity of this Agreement, the period of performance of obligations is extended accordingly for the duration of force majeure circumstances or elimination of their consequences, or another period upon written agreement of the Parties.
7.4. In the event of force majeure, the Party that cannot, as a result of such circumstances, fulfill its obligations under this Agreement, is obliged to immediately notify the other Party in writing with documentary confirmation. Confirmation of the occurrence of force majeure circumstances is a Certificate issued by the Chamber of Commerce and Industry of Ukraine and/or materials published in mass media. Force majeure circumstances that are generally known do not require a certificate from the Chamber of Commerce and Industry of Ukraine to confirm them.
7.5. In the event that the circumstances of force majeure operate for 3 (three) calendar months in a row, this may be grounds for early termination of this Agreement at the initiative of any Party.
- ATTORNEY CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA.
8.1. All information related to the execution of this Agreement is a lawyer's secret.
The LAW ASSOCIATION undertakes not to disclose the information received from the Client and to keep it as a lawyer's secret
8.2. By accepting this Agreement, the Client consents to the processing of his personal data by the LAW ASSOCIATION for the purpose of fulfilling the terms of this Agreement, and provides the consent of the subject of personal data, provided for in the Privacy Policy on the processing and protection of personal data, posted on the LAW ASSOCIATION's website: https://ekvita.com.ua/privacy-policy/, hereinafter referred to as "Privacy Policy".
8.3. The collection and processing of the Client's Personal Data takes place in accordance with the Privacy Policy and the Law of Ukraine "On the Protection of Personal Data".
8.4. Consent to storage and processing of personal data has an unlimited validity period.
8.5. The client is responsible for keeping his personal data up-to-date. The LAW ASSOCIATION is not responsible for poor performance or non-fulfilment of its obligations due to the irrelevance of information about the Client or its inconsistency.
- FINAL PROVISIONS
9.1. This Agreement is drawn up with full understanding by the Parties of its terms and terminology in the Ukrainian language.
9.2. This Agreement is concluded in the form of a public offer in accordance with the procedure specified in Article 633 of the Civil Code of Ukraine, but the Parties undertake to conclude an Agreement on the provision of legal assistance, legal advice and legal representation in writing at the earliest opportunity in accordance with the requirements of clause 2 part. 2 Art. 27 of the Law of Ukraine "On Advocacy and Advocacy".
Until the date of conclusion of the Agreement on the provision of legal assistance, legal advice and legal representation in writing, this Agreement, agreed by the Client in the manner specified by this Agreement, has the legal force of the original.
9.3. The "Request for consultation" form filled out by the Client is an integral part of this Agreement.
9.4. In cases not provided for in this Agreement, the Parties are governed by the norms of the current legislation of Ukraine.
9.5. The LAW ASSOCIATION has the right to make changes to this Agreement unilaterally. In addition, changes to the Agreement may also be made by mutual written consent of the Parties in accordance with the procedure provided for by the current legislation of Ukraine.
- DETAILS OF THE LAW ASSOCIATION.
LAW ASSOCIATION "EQUITA"
Location: str. Plastivska, b. 6, Dnipro, 49008
Actual location: 49000, Dnipro, str. Voskresenska, building 14, office 106
EDRPOU code 42500599
Bank details:
IBAN UA753052990000026006050025236 in JSC CB "PRIVATBANK", MFO 305299.
IBAN UA083348510000000026008201902 in JSC "PUMB", MFO 334851
Managing partner Bochkar Roman Vitaliyovych
