Sviatoslav Antoniuk
Lawyer as a Subject of Providing Legal Assistance to a Client on a Professional, Independent basis
Číslo: 5/2019
Periodikum: Path of Science
DOI: 10.22178/pos.46-6
Klíčová slova: lawyer; legal assistance; advocacy; advocacy activity
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Anotace:
The purpose of the article is to analyze the legal status of a lawyer (as a person entrusted with the constitutional duty of providing legal assistance on a professional independent basis) on the grounds of studying the following three aspects: 1) the legal basis of the institute of advocacy; 2) the legal status of the lawyer in Ukraine; 3) constitutional and legal reforms of advocacy in Ukraine in the context of European integration.
The article analyzes the essence, determines the role and place of the institute of advocacy in the system of functioning of law enforcement bodies of Ukraine. The legal basis for the work of the institute of advocacy is determined. The analysis of the legal status of the lawyer in Ukraine is conducted. The peculiarities (advantages, disadvantages) of the constitutional and legal reform of advocacy in Ukraine are revealed, taking into account the generally recognized European practices and international standards in the field of legal proceedings. The recommendations of the theoretical and practical nature are formulated, namely:
1. Definition of the term “lawyer” should be submitted in the following form: it is an individual who has a certificate, conforming the right to practice advocacy in Ukraine, whose data is included in the electronic database (today – the Uniform Register of Advocates of Ukraine), which (i. e. the database) contains information (data) about the lawyers (Ukraine, foreign states), who, in accordance with the Law of Ukraine “On advocacy and advocacy activity”, acquired the right to exercise advocacy.
2. Reforming the institute of advocacy in independent Ukraine (in practical terms), supporting the opinion of experts, should provide for the preparation and introduction of certain (concrete, clear) changes to the Constitution of Ukraine, especially in the context of supplementing the Constitution of Ukraine with a separate section entitled “Advocacy”. This constitutional change is extremely important, relevant and expedient, since advocacy promotes (implements) by its activities the fulfillment of such a constitutional function of the state as the realization and protection of the rights, freedoms and interests of a person and a citizen.
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The article analyzes the essence, determines the role and place of the institute of advocacy in the system of functioning of law enforcement bodies of Ukraine. The legal basis for the work of the institute of advocacy is determined. The analysis of the legal status of the lawyer in Ukraine is conducted. The peculiarities (advantages, disadvantages) of the constitutional and legal reform of advocacy in Ukraine are revealed, taking into account the generally recognized European practices and international standards in the field of legal proceedings. The recommendations of the theoretical and practical nature are formulated, namely:
1. Definition of the term “lawyer” should be submitted in the following form: it is an individual who has a certificate, conforming the right to practice advocacy in Ukraine, whose data is included in the electronic database (today – the Uniform Register of Advocates of Ukraine), which (i. e. the database) contains information (data) about the lawyers (Ukraine, foreign states), who, in accordance with the Law of Ukraine “On advocacy and advocacy activity”, acquired the right to exercise advocacy.
2. Reforming the institute of advocacy in independent Ukraine (in practical terms), supporting the opinion of experts, should provide for the preparation and introduction of certain (concrete, clear) changes to the Constitution of Ukraine, especially in the context of supplementing the Constitution of Ukraine with a separate section entitled “Advocacy”. This constitutional change is extremely important, relevant and expedient, since advocacy promotes (implements) by its activities the fulfillment of such a constitutional function of the state as the realization and protection of the rights, freedoms and interests of a person and a citizen.