LAWYER’S MONOPOLY IN UKRAINE: PROBLEMATIC ISSUES AND DEVELOPMENT PROSPECTS

The article is devoted to the study of the implementation and functioning of the lawyer monopoly in Ukraine. The article analyzes the points of view of scientists on this problem, highlights the advantages and disadvantages of the exclusive right of lawyers to protect the rights of citizens and represent their interests in court. The authors examine foreign experience in advocacy monopoly. In the course of the study, several models of the functioning of the advocate monopoly in different states were identified and described: an absolute lawyer monopoly, a limited lawyer monopoly and the absence of a lawyer monopoly. It is determined that in many countries of the world, lawyers have the exclusive right to protect a person from criminal charges, and in other cases when a person needs to protect his rights and legitimate interests arising from civil, family, labor, administrative and other legal relations, legal assistance can be given to him provide other legal professionals. The article discusses the 2016 constitutional reform, amendments to the Constitution of Ukraine, the Law of Ukraine «On Amendments to the Constitution of Ukraine (regarding justice)», which resulted in the introduction of a lawyer monopoly. The current initiative of the President of Ukraine and the Verkhovna Rada of Ukraine to abolish the advocate monopoly is being examined, for which the Parliament voted, having previously approved the draft Law No. 1013 «On Amending the Constitution of Ukraine (regarding the abolition of the advocate monopoly)», as well as the dynamics of changes in the legal position of the Constitutional Court of Ukraine regarding the interpretation of Article 59 of the Constitution of Ukraine in its Decision of 16. 11. 2000 in case 1–17 / 2000, in Decision of 30. 09. 2009 in case No. 1–23 / 2009 and in Decision dated 20. 01. 2016 in case No. 1–15 / 2016 and in the Conclusion dated 31.10.2019 in case No. 4-в /2019. During a scientific search, the authors concluded that they support the government's proposal to abolish the lawyer monopoly and retain the exclusive right of lawyers to protect a person from criminal charges.