Advocacy of Ukraine and foreign advocacy (comparative legal research of the organization, principles of activity, legal status, interaction with public authorities)
Students Name: Trach Iryna Romanivna
Qualification Level: magister
Speciality: Law
Institute: Institute of Jurisprudence and Psychology
Mode of Study: full
Academic Year: 2020-2021 н.р.
Language of Defence: ukrainian
Abstract: Trach І. R., Ostapenko L. О. (supervisor). Advocacy of Ukraineand International Advocacy (Comparative Legal Research of Organization, Principles of Operation, Legal Status, Interaction with Public Authorities) Master’s thesis. – Lviv Polytechnic National University, Lviv, 2020. An extended abstract. Building a democratic state ruled by law is impossible without guaranteeing protection of human rights, without creating a mechanism of functioning of such specific democratic institution as advocacy [1]. Advocacy has one of the most important tasks for society. They are protection, representation and legal aid. It is legally defined that Advocacy of Ukraine consists of all lawyers of Ukraine who have the right to practice law [2].Given that the right of everyone to professional legal aid has been enshrined in the Constitution and lawyers are engaged in independent professional activities to protect, represent and provide other types of legal aid to the client, we can claim that the profession of lawyer is socially necessary and important to society. Through the advocacy as an institution of civil society, the state ruled by lawgives its citizens the opportunity to understand their rights and freedoms [3].The efforts of bar associations are aimed at resolving practical issues of advocacy and the organization of the bar community and addressing the development of the bar. In developed countries, significant changes in legal institutions are noticeable, and when the usual forms and images change, new approaches and ways to provide legal aid appear. Traditional legal counseling works with online counseling; speeches of lawyers in court are replaced by electronic court; lawyers are involved in resolving disputes in the courts along with participating in the mediation process. The need to study the history of Advocacy in Ukraine and abroad is due to the reassessment of the essence of individual rights and freedoms, the place of the advocacy in building a democratic civil society and the role of the advocacy in the state ruled by law. Analysis of the formation and transformation of the advocacy together with the study of its current state allows us to determine its legal nature as a socio-legal institution and to reveal its social and legal value. Comparative legal research of organization, principles of operation, legal status, interaction of Advocacy in Ukraine and developed foreign countries with public authorities allows us to identify the features of the institute of advocacy, the advantages and disadvantages of Advocacy in Ukraine and abroad, outline the ways of future development of advocacy of Ukraine. It is clear that it is necessary to build a strong and comprehensive system of protection of the rights of lawyers and guarantees of professional advocacy in Ukraine [4].The state is interested in its development, so it needs a strong advocacy for self-preservation. Based on this, the institute of advocacy is a necessary instrument to save the state from the natural internal processes of decay. It is the state that needs the institute of advocacy and makes efforts for its existence [5]. Study object - is the Institute of Advocacy in Ukraine and abroad. Scope of research - is a comparative legal research of organization, principles of operation, legal status, interaction of Advocacy in Ukraine and foreign countries with public authorities. Goal of research: is to conduct a comparative legal research of organization, principles of operation, legal status, interaction of Advocacy in Ukraine and foreign countries with public authorities. Briefly put the research results. Master’s thesis reveals the legal nature of advocacy as a social and legal institution. It identifies the principles of Advocacy of Ukraine, USA, France and Germanyand their correlation. The legal status of a lawyer in Advocacy of Ukraine and foreign countries has been analyzed. The interaction of lawyers with public authorities in Ukraine and foreign countries has been characterized.Master’s thesis suggests ways to improve the modern model of Advocacy in Ukraine. Keywords: advocacy; building of advocacy; legal status of the lawyer; history of advocacy of foreign countries; principles of advocacy. References. 1. MelikhovaYu. О. (2015). Problems of Advocacy of Ukraine at the Modern Stage of Development.Periodical of the Academy of Advocacy of Ukraine. №1(26). P. 107–109 2. The Law of Ukraine «On Advocacy and Legal Practice» as ofJuly 5, 2012 № 5076-VI. URL: https://zakon.rada.gov.ua/laws/show/5076-17#Text 3. Kuzminykh А. V. (2009). Advocacy as an Institute of Civil Society in Modern Science. Actual Problems of Politics.Odesa. Ed. 36. P. 228–235 4. MelikhovaYu. О. (2017).Principal Problems and Ways of Improvement of the Institute of Avocacy in Ukraine at the Modern Stage of Development.European Prospectives. № 2. p. 159–164 5. Vorobyev А. V., Polyakov А. V., Tikhonravov Yu.V. (2002). Theory of Advocacy. М. 496 p.