SYSTEM OF LAWYERS’ TRAINING AT HIGHER EDUCATIONAL ESTABLISHMENTS IN GERMANY
Journal: Bulletin of Cherkasy University. Pedagogical Sciences (Vol.2017, No. 08)Publication Date: 2017-05-31
Authors : PARAMONOVA Olha;
Page : 82-88
Keywords : legal education; Germany; theoretical learning; traineeship; first state exam; second state exam; referendary; jurist;
Abstract
Radical changes at the state level and at the level of scientific and methodological support of educational process are caused by flaws in the system of legal education of Ukraine. Using the most experienced of professionals to develop future lawyers is one of the ways to solve this problem. So the main aim of the article is to analyze the lawyers training system at higher educational institutions in Germany. Unity of university legal education in Germany is provided by the Federal Law on the Status of Judges and regional legislation on higher education. The process of preparing high school lawyers in Germany consists of two stages: university studies and practical training (internship). People who graduated from Law Faculty in German University and successfully pass the first state examination, acquire the academic title of "master lawyer". This gives them the right to start legal advisor work or scientific career. However, the beginning of a career as a judge, prosecutor, lawyer, or notary can only be done when German graduates complete the second phase of training. Its purpose to have students obtain practical skills in different areas of legal activity and help them finish the second state examination. People who successfully pass this examination are awarded the title of "assessor lawyer". In conclusion, based on positive German experience training in the legal field, we consider it necessary to introduce in Ukraine: a two-level system of training lawyers (theoretical and practical non-commercial training); two state examinations: the first after a course of theoretical training, and the second – after the successful passing of practical non-commercial training. Public examinations on fundamental legal disciplines, which will be marked by independent state commission, are necessary to determine national standards and ensure accountability for violations. This will guarantee the quality of legal education. The reform requires improvement of educational legislation and laws that regulate access to the legal profession.
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