DOCTRINE, CONSTITUTIONAL PRINCIPLES AND THEIR IMPACT ON THE DEVELOPMENT OF LEGISLATION ON THE ADVOCACY OF UKRAINE

Abstract

The principles of the organization and activity of the bar and the implementation of the bar in Ukraine are determined by law. The right to professional legal assistance is a constitutional right for every person and is enshrined in Article 59 of the Constitution of Ukraine. The institution of legal aid of a lawyer is important for every citizen, because having established the right of any natural person to legal aid, the constitutional precept “everyone is free to choose a defender of his rights” is general in its meaning and applies to all natural persons who are guaranteed the right to free choice the defender in order to protect his rights and legal interests arising from civil, criminal, labor, family, administrative and other legal relations. Qualified legal assistance is precisely the provision of advocacy activities that are legal, that is, aimed at achieving a specific legal result based on certain legal means. The analysis of the legal positions of the Constitutional Court of Ukraine allows us to assert that the Constitutional Court of Ukraine formed the official constitutional doctrine of advocacy. In our opinion, the systematic updating of the legislation in connection with the integration of Ukraine into the European Union allows us to raise the question of improving access to the legal profession precisely on such grounds. A characteristic feature of Ukraine is the orientation towards European standards of advocacy. The study of legal aspects of access to the profession of a lawyer is inextricably linked to the activation of the processes of reforming the legal profession, the need to raise the level of not only professional requirements, but also to maintain a balance between the provision of fundamental human and citizen rights and the creation of a new elite whose task will be to provide quality legal assistance. Standardization of advocacy activities, first of all, should be of interest to the advocates themselves. It will be attractive to lawyers because it will encourage them to constantly raise their professional level, develop, and share their experience thanks to a clearly prescribed mechanism for exchanging information, taking into account the ethical and professional characteristics of advocacy. The standardization of advocacy activities is in no way intended to limit the professional activity of advocates, to establish any framework for them. On the contrary, the standards of the bar can and should relate to, and subsequently have a positive effect on, the moral image of each lawyer, in particular, and the bar as a whole.