Lawyer as a subject of economic relations
Students Name: Yurchyshyn Yurii Sviatoslavovych
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: YurchyshynY. S., Dolynska M. S. Lawyer as a subject of economic relations. Master’s thesis. – Lviv Polytechnic National University, Lviv, 2020. Extended abstract. The master’s thesis is devoted to current trends in the protection of the rights of business entities by lawyers in the administrative court, the study of theoretical provisions and legislation on the protection of the rights and interests of business entities in relations with state regulatory authorities; analysis of their effectiveness at the present stage of economic development, improvement of the mechanism of legal relations of business entities with regulatory authorities through pre-trial settlement of disputes[2, р. 210]. Undoubtedly, a lawyer has a special place in protecting the rights and interests of business entities in court[4, р. 25]. Problems of lawyers ’activity in protecting the rights and interests of business entities, professional rights and responsibilities of a lawyer were studied at the end of the XIX century, which were subject to the legislation of Ukraine and the practice of its implementation[3, р. 3]. General issues of protection of the rights of interests of business entities in court were studied in the scientific works of V. Belyanevych, S. Bychkov, D. Whatman, T. Vilchyk, O. Zadniprovsky. V. Slizarov S. Khalatov, O. Kharitonova, V. Sherstyuk. M. Stefan and others. However, the analysis of the results of scientific research on the protection of the rights and interests of business entities by lawyers shows that this topic has not been given sufficient attention by scientists, and with a significant layer of relationships that require additional research[1, р. 6]. At the present stage, this topic needs a more thorough study, taking into account the changes that are currently taking place in the legislation of Ukraine, and the specifics of its implementation in relation to advocacy [5 , p.54]. Section 1 of the paper considers the legal status and principles of the Ukrainian Bar, the social rights of advocacy and guarantees of the Bar. Section 2 provides a general description of the activities of a lawyer in the field of commercial law, which specifically addresses the issue of legal advice to lawyers, claims work in commercial relations to recover debts, conclusion, termination, invalidation of commercial contracts, as well as recognition of ownership of movable and real estate, extortion of such property from illegal possession by lawyers and other types of legal assistance Section 3 analyzes the international legal protection of lawyers’ rights. Study object - is public relations, which are formed as a result of the lawyer’s professional activity in the field of commercial law. Scope of research is a lawyer as a subject of economic relations. Goal of research: is to analyze and study the economic and legal aspects of the legal status of a lawyer as a subject of economic relations, highlighting the advantages and disadvantages of this phenomenon. Briefly put the research results.The master’s thesis reveals the specifics of the legal status of a lawyer in the economic process, analyzes the provisions of the legislation governing it. The author also pays attention to the problematic issues of a lawyer’s participation in commercial cases, the implementation of procedural representation in courts of all four jurisdictions, including commercial ones. In this context, the analysis of the main positions reflected in doctrinal sources, with arguments "for" and "against", highlights the experience of foreign countries on this issue. The work is performed using modern software and computer technologies of information processing, namely: the design of the text part of the work is performed in a text editor MS Word; the necessary scientific-theoretical, statistical and analytical materials are partially obtained from the Internet. The qualification work consists of an introduction, the main part, which contains three sections and six subsections, conclusions and a list of sources used. The total volume of qualifying work is 77 pages. Key words: lawyer, economic process, business entities, protection of rights, state controlling bodies, pre-trial procedure of dispute settlement References. 1. Antoniuk, S. (2019). Lawyeras a subject of providing legal assistanceto a clienton a professional, independentbasis. Traektoria Nauki = PathofScience, 5, 4001–4016. doi: 10.22178/pos.46–6. 2. Economic law of Ukraine: textbook: in 2 partsPart 1 (2016) / [Andreeva OB, Zhornokuy Yu. M., Hetmanets OP andothers]. 2nd ed., Withchanges. And corrected. Kharkiv: Kharkiv. nat. University of Internal Affairs Affairs, 324 p. 3. Golovan IV Legal practice and advocacy in Ukraine. Lawyer. (2009). № 8 (59). Pp. 3–11. 4. Kozminykh AV Advocacy as an institution of civil society in modern science. Current policy issues.(2009)Vip. 36. Odessa. 5. Pan-European constitutional values as the basis of the European model of constitutionalism. Journal of Kyiv University of Law. (2015). № 2. pp. 54–58. URL: http://nbuv.gov.ua/UJRN/Chkup_2015_2_14.