Activities of a lawyer in civil cases
Students Name: Bezpalov Roman Volodymyrovych
Qualification Level: magister
Speciality: Law
Institute: Institute of Jurisprudence and Psychology
Mode of Study: part
Academic Year: 2020-2021 н.р.
Language of Defence: ukrainian
Abstract: Bezpalov R.V., Parasyuk M.V. (supervisor) Activitiesof a lawyerincivilcases (master’s thesis topic). Master’s thesis. – Lviv Polytechnic National University, Lviv, 2020. Extended annotation Advocacy is an institution of non-state power, civil society, which enjoys autonomy, independence, self-government. Among the bodies called to provide legal aid without the use of power, the bar is central Increasing the role of the bar is a trend that is not limited to our country. The importance of the role of lawyers today is determined by the processes of globalization and integration taking place in the world legal sphere, the desire of many states to ensure the rule of law and human rights, to provide a legislative "shell" ways and mechanisms to protect them. Professional representation by a lawyer of the client’s interests in civil proceedings is an interdisciplinary human rights institution and an independent, defined by law type of organizational and non-procedural and procedural legal activities aimed at protecting the rights and legitimate interests of citizens and organizations by providing qualified legal assistance. Undoubtedly, the central place in terms of volume and significance is occupied by the procedural activity of the lawyer-representative: appeal to the court for judicial protection of the rights, freedoms, legitimate interests of the principal; submission of evidence, general participation in the process of judicial evidence; statement of branches; application; filing complaints, etc. The procedural form of providing qualified legal assistance covers the full range of procedural actions permitted by law (CPCU). Study object – public relations regarding the activity of a lawyer in civil cases. Scope of research – the procedural and legal position of a lawyer in Ukraine in civil cases, the legal basis for the participation of a lawyer in civil proceedings, in various civil cases, professional representation of interests in civil cases in foreign countries and ways to improve legal support for lawyers in civil law character based on the experience of foreign countries. Goal of research – is a comprehensive study of the activities of a lawyer in civil cases, the formation of areas for improving the legal support of lawyers in civil matters. Briefly put the research results. The master’s thesis concerns the determination of the peculiarities of the involvement of lawyers in resolving cases of a civil law nature. It is emphasized that in the aspect of realization of the constitutional right of a person to effective legal aid the priority development of representation of lawyers in court on a professional basis acquires special importance [1, p. 38-45]. According to the results of the analysis of the legal status of lawyers in resolving cases of civil law nature, it is established that a lawyer differs significantly from other representatives. He is a professional, ie has a legal education and has practical experience, which allows him to skillfully solve problems [2, p. 19]. The analysis revealed that the rights and obligations of a lawyer in civil proceedings are derived from the rights and obligations of the parties and third parties, on whose behalf and in the interests of which the lawyer participates in a civil case. Inquiries of legal practice stand in the way of knowing the procedural specifics of various civil cases in order to correctly resolve disputes, identify special features characteristic of a particular category of cases, develop advice on the use of procedural law to consider a particular category of cases. Given the specifics of the law of a particular legal family to which the state belongs, the national legislation builds a system of advocacy of foreign countries, which has its own institutional structure, the specifics of professional representation in civil cases. Advocacy in Germany has an independent organizational structure and plays an important role in the justice system [3, p. 158-174]. In France, the legal profession is also an important player in the justice system. This is an institutionally separate organization with an optimal organizational structure, regulation of activities, rules of professional activity [4, p. 10]. The system of bar associations in Germany is formed on a territorial basis. They include lawyers who are assigned to the court of one land [5, p. 153-159]. The study of the existing models of legislative regulation of the world in the field of professional legal aid allows to determine the most optimal mechanisms. At the same time, in order to improve existing legal institutions and develop new conceptual solutions, certain legal constructions and their elements, traditional for foreign legal families and systems, can be considered: both European and existing in the post-Soviet space. Key words: lawyer, advocacy, civil law, procedural representation, advocacy activity, subject of advocacy activity, civil process. References 1. Svitlychna G.O.(2012) Representation in civil proceedings: current status and prospects for improving legal regulation. Bulletin of the Supreme Court of Ukraine. № 12. pp. 38–45. 2. Chvankin S.A.(2005) Voluntary representation in the civil process of Ukraine: author. dis. ... cand. jurid. Science: 12.00.03. Odessa. 22 p. 3. Rudenko M.V. Organizational forms of advocacy in Europe (Germany, Sweden, Austria). Law Forum. 2016. № 2. P. 168–174 URL: http://nbuv.gov.ua/jpdf/FP_ index.htm_2016_2_27.pdf. 4. The profession of a lawyer: A collection of works on the French bar. Сост. AV Polyakov. Moscow: Statute, 2006. 367 p. 5. Lychenko I.O.(2020) General principles of organization and functioning of the bar of foreign countries. Bulletin of the National University "Lviv Polytechnic". Legal Sciences Series. T. 7, № 1 (25). Pp. 153–159.