Sviatoslav Antoniuk
The Principle of Professionalism of a Lawyer as the Basis for Providing Qualified Legal Assistance to a Client in Civil Legal Proceedings of Ukraine
Číslo: 6/2019
Periodikum: Path of Science
DOI: 10.22178/pos.47-1
Klíčová slova: lawyer; the principle of professionalism; legal assistance; advocacy; civil justice; lawyer in civil proceedings
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Anotace:
The article analyzes the principle of lawyer’s professionalism as an important basis (in the system of principles and basics of advocacy), defines the role and place of this principle and proposes its main features in providing qualified legal assistance to a client in civil legal proceedings of Ukraine.
According to the results of the study, scientific novelty has been obtained, namely: it has been proved for the first time that at the normative level it is necessary to consolidate the principle of professionalism of a lawyer, the law on advocacy and lawyer’s activity (in the system of existing principles and fundamentals of lawyer’s activity) and in the civil procedural law ( on the basic principles of civil justice) as a norm-principle that reflects specific requirements and qualitative criteria for the professional activity of a lawyer in Ukraine while providing legal assistance to those who need it. The conclusions and recommendations of the theoretical and practical nature have been formulated, including the following:
1. Under the principle of professionalism of a lawyer’s activity (or advocacy basics (in the system of principles and fundamentals of a lawyer’s activity in civil proceedings) that regulates legal relations in the field of representation in court (as a form of legal assistance, which is carried out exclusively by a lawyer) in a civil process that: 1) takes into account the requirements and qualitative criteria for the professional activity of a lawyer in accordance with the Law of Ukraine «On Activities») in civil legal proceedings, it is appropriate to understand the fundamental (basic) and specific advocacy and the advocacy activity»; 2) reflects the full understanding and compliance of a lawyer with other basic (fundamental) principles (grounds) of civil proceedings provided for by the applicable Civil Procedural Code of Ukraine; 3) characterizes the appropriate professional level of a lawyer, based on the performance of the duties, assigned to him during the provision of legal assistance to a client (clients) when considering a civil case in court; 4) provides for the legal liability of a lawyer for violating the Constitution of Ukraine, the laws of Ukraine, the Rules of Bar Ethics, as well as other local (or corporate) legal acts (statutes of lawyers’ associations, law offices, etc.), civil law agreements, etc.
2. The following main features (requirements and qualitative criteria) of a lawyer (or lawyer’s activity) in civil legal proceedings of Ukraine are characteristic for the principle of professionalism of lawyer’s activity: 1) the presence of a formal legal status of a lawyer in Ukraine (for representation in court, the possibility of providing legal assistance); 2) high level of legal culture and legal competence of a lawyer in the field of civil procedural law; 3) diligent and professional performance of the lawyer’s duties during the provision of legal assistance in the form of procedural representation in civil legal proceedings; 4) the perfect possession of the tools and technology of law enforcement of civil procedural law for the effective operation of a lawyer (as a civil procedural representative) to the legal result (in terms of the desired, expected); 5) lawyers have to continuously learn and refine themselves (deepen, expand and update their professional knowledge, skills and abilities), and take care of the honor, dignity and business reputation of their legal profession.
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According to the results of the study, scientific novelty has been obtained, namely: it has been proved for the first time that at the normative level it is necessary to consolidate the principle of professionalism of a lawyer, the law on advocacy and lawyer’s activity (in the system of existing principles and fundamentals of lawyer’s activity) and in the civil procedural law ( on the basic principles of civil justice) as a norm-principle that reflects specific requirements and qualitative criteria for the professional activity of a lawyer in Ukraine while providing legal assistance to those who need it. The conclusions and recommendations of the theoretical and practical nature have been formulated, including the following:
1. Under the principle of professionalism of a lawyer’s activity (or advocacy basics (in the system of principles and fundamentals of a lawyer’s activity in civil proceedings) that regulates legal relations in the field of representation in court (as a form of legal assistance, which is carried out exclusively by a lawyer) in a civil process that: 1) takes into account the requirements and qualitative criteria for the professional activity of a lawyer in accordance with the Law of Ukraine «On Activities») in civil legal proceedings, it is appropriate to understand the fundamental (basic) and specific advocacy and the advocacy activity»; 2) reflects the full understanding and compliance of a lawyer with other basic (fundamental) principles (grounds) of civil proceedings provided for by the applicable Civil Procedural Code of Ukraine; 3) characterizes the appropriate professional level of a lawyer, based on the performance of the duties, assigned to him during the provision of legal assistance to a client (clients) when considering a civil case in court; 4) provides for the legal liability of a lawyer for violating the Constitution of Ukraine, the laws of Ukraine, the Rules of Bar Ethics, as well as other local (or corporate) legal acts (statutes of lawyers’ associations, law offices, etc.), civil law agreements, etc.
2. The following main features (requirements and qualitative criteria) of a lawyer (or lawyer’s activity) in civil legal proceedings of Ukraine are characteristic for the principle of professionalism of lawyer’s activity: 1) the presence of a formal legal status of a lawyer in Ukraine (for representation in court, the possibility of providing legal assistance); 2) high level of legal culture and legal competence of a lawyer in the field of civil procedural law; 3) diligent and professional performance of the lawyer’s duties during the provision of legal assistance in the form of procedural representation in civil legal proceedings; 4) the perfect possession of the tools and technology of law enforcement of civil procedural law for the effective operation of a lawyer (as a civil procedural representative) to the legal result (in terms of the desired, expected); 5) lawyers have to continuously learn and refine themselves (deepen, expand and update their professional knowledge, skills and abilities), and take care of the honor, dignity and business reputation of their legal profession.