SOME ASPECTS OF REFORMING THE PROTECTION SYSTEM OF LEGAL ADVOCACY GUARANTEES
Journal Title: «Приватне та публічне право» - Year 2018, Vol 1, Issue
Abstract
The article deals with issues related to the reform of the current system of advocacy of Ukraine and the legally established guarantees of professional advocacy. It is substantiated that the urgent need for implementation of legal reform in Ukraine, including advocacy reforms, has now become overcome. It is determined that this cannot be done without democratization of society. At the same time, it is impossible to talk about the values of European democracy for Ukraine without increasing the role and importance of the advocacy in society. The author investigates a list of the most common violations of the statutory guarantees of professional advocacy, and concludes that there are significant differences between the theoretical legislation and its implementation in practice, as a result of which lawyers are constantly faced with numerous obstacles in providing legal assistance to their clients. It has been determined that lawyers should be able to perform their duties freely and fully in order to establish the rule of law, to promote access to justice and legal assistance, to ensure due process in the court process, to create a competitive court system, and to protect human rights. The article analyzes the provisions of domestic and international legislation regulating the protection of the rights of lawyers in the process of providing them with legal assistance to their clients. The urgent need for creation in the state of a comprehensive system of prevention of violation of advocate’s professional rights and guarantees, which could correct the unpleasant situation in this field, was substantiated. Such a system should be accurate, fast, simple, open, transparent, documented and effective. This will form the basis for responding to violations of the rights and guarantees of lawyers, depending on the type of violation and the measures to be taken. It is assumed that the system of tracking and responding to violations of professional rights and guarantees of lawyers should be established at the national level and has effective mechanisms of influence in each region, up to the smallest towns. In turn, parties who violate the requirements of the law protecting the professional rights and guarantees of lawyers must undergo immediate, inevitable consequences. The article identifies the urgent tasks of the Ukrainian state to create an unified self-governing legal profession and improve the quality of justice in general through the introduction of effective provision of advocate’s professional rights and guarantees. The author emphasizes that a strong professional advocacy is one of the priority needs of civil society, since it is not only a counterbalance to the state prosecution to create the real competition of the parties in the criminal process, but this is still a significant lever in building a democratic society, it is a firm conviction of citizens in protection from the arbitrariness and corruption of individual officials, it is an opportunity, within the limits of the law, to
Authors and Affiliations
Ю. О. Меліхова
Keywords
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