SECUREMENT LEGAL GUARANTEES OF PROFESSIONAL ACTIVITY OF A LAWYER IN CIVIL LEGAL PROCEEDINGS OF UKRAINE
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 18)Publication Date: 2019-06-30
Authors : Antoniuk Sviatoslav;
Page : 34-42
Keywords : lawyer; legal guarantees; professional activity of a lawyer; advocacy; representation in court; civil legal process; civil process;
Abstract
The article investigates the actual issues of securement legal guarantees of professional activity of a lawyerrepresentative in civil legal proceedings of Ukraine. The analysis is carried out on the basis of the system-structural method and the instrumental approach to the law, the application of which results in the starting basis for the professional activity of the lawyer. The law-enforcement character of the professional activity of a lawyer-representative in civil proceedings is determined by the legal nature and specificity of the advocacy, which is that it can only be carried out by persons who have received the status of a lawyer in accordance with the procedure established by the current legislation of Ukraine. A legal analysis of the norms of the new version of the Civil Procedural Code of Ukraine regarding procedural representation and judicial representation has been carried out, as well as comparison of the provisions on procedural representation, which is carried out exclusively by lawyers, in different types of legal proceedings, in particular with economic and administrative ones. The specifics of the civil case relationship between a person represented in court, a lawyer-representative and a court in Ukraine are disclosed. The peculiarities of the organization and activity of the advocacy are considered, which guarantee lawyers (as representatives of civil society) the opportunity to exercise a human rights function — to provide professional legal assistance. The attention is paid to ensuring legal guarantees of professional activity of a lawyer-representative in civil legal proceedings of Ukraine. Regulatory consolidation of the theoretical model of the law institute of a lawyer-representative in civil legal proceedings in Ukraine complicates the implementation of human rights functions in the context of the peculiarities of the activity of the lawyer-representative in collecting and submitting evidence to a court. The proposals aimed at ensuring the implementation of the constitutional provisions on the right to qualified legal assistance in civil legal proceedings are presented, as well as defines the main directions of development of the human rights function of the lawyer-representation in the civil process and legal guarantees of professional activity of the lawyer-representative in the civil legal process of Ukraine.
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