ADVOCACY AND ADVOCACY ACTIVITY IN UKRAINE: MODERN TRENDS IN THE DOCTRINE OF LAW

At the present stage of reforming the institution of the legal profession in Ukraine, both permanent and new theoretical (theoretical-legal) structures, the source of reflection of which is the doctrine of law, are of particular importance. It is here that the subject of discussion is increasingly the problems of the effectiveness of the legal profession in fulfilling its social role in the modern world in general, and in Ukraine the potential opportunities for increasing the efficiency of advocacy in the conditions of globalization and technical intensification. We propose to conditionally identify two main groups of doctrinal sources, which are devoted, firstly, to the analysis of general legal problems of regulating the sphere of professional advocacy, determining the criteria for the relationship between the non-state institution of the legal profession and its social essence, its modern and potential functions, the interpretation of basic concepts and categories (legitimacy or legality of activities, legal assistance, etc.). Secondly, they reflect the special difficulties of the activity of the institution of advocacy specifically in the field of criminal proceedings. These issues were analyzed from the point of view of the effectiveness of criminal law and criminal procedural tools for protecting legitimate advocacy from unlawful interference, violations of guarantees of independence of professional activity and professional secrecy. A generalized analysis of doctrinal provisions proves the fact that the sphere of activity of the institution of advocacy is still quite wide, requiring clearer legal regulation and changes in approaches at the level of legal theory, legislation and law enforcement. Against the backdrop of recognition of the fact that the formation of an effective and efficient system for ensuring human rights in Ukraine is a rather long and complex process, the doctrine of law examines various directions for further reform of the relevant legal sphere, defines various approaches to the interpretation of concepts and categories relating to advocacy, procedure and conditions for law enforcement activities Taking into account the content of the above, the provisions for determining the essential features of the conceptual apparatus are becoming debatable; functional purpose of the legal profession in modern conditions of reforming the judicial system and introducing innovative technologies (practices); determination of priority factors that should reproduce the quality (efficiency) of advocacy, determine the boundaries of its legality (law, professionalism, moral component, direction, etc.). The trend of criminological, criminal legal and criminal procedural research proves that in the context of intensive reform of criminal and criminal procedural legislation in Ukraine, the relevance of issues related to the formation of a system of criminal legal and criminal procedural measures is increasing.