The Bar of Ukraine as a non-governmental self-governing institution to ensure the protection of the individual
Students Name: Martynyk Liliia Myroslavivna
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: Martynyk L., Baik O. (supervisor). The bar of Ukraine as a public, self-governing institution ensuring provision of legal defense of individual. Master’s thesis. - Lviv Polytechnic National University, Lviv, 2020. Extended abstract. The Constitution of Ukraine declares that person, his life and health, honor and dignity, inviolability and security are recognized in Ukraine as the highest social value. Ukraine is responsible to protect human rights and freedoms. In view of this, it was necessary for the state to create a tool for organizing the provision of legal assistance during the proceedings, the implementation of legal guarantees to protect the main rights, freedoms, interests of citizens and others [1]. The relevance of the topic is confirmed by the fact that in accordance with the Constitution of Ukraine, everyone has the right to professional legal assistance. In Ukraine bar is a guarantee of the right to receive properly qualified legal assistance [1]. The Ukrainian Law «About the Bar and advocacy» defines the principles of organization and practice of advocacy in Ukraine. In accordance with this law, attorney’s practice – is an independent professional activities of an attorney in the domain of provision of legal defense, representation and other types of legal assistance to a client. Therefore, the main task of the bar is to protect the interests of the citizens and provide with qualified legal assistance. Today the bar is a guarantee of the right to receive properly qualified legal assistance [2]. Study object – public relations in the protection of fundamental human rights. Scope of research – the bar of Ukraine is a public, self-governing institution ensuring provision of legal defense of individual. Goal of research: The purpose of a thesis is to explore the Bar of Ukraine as a public, self-governing institution ensuring provision of legal defense of individual. The research are based on the analysis of modern legal doctrine, the provisions of Ukrainian law and the legal practice. Briefly put the research results. The value of the research results is that they can be used for further study of the bar, refinement and improvement of Ukrainian legislation. In the research process, the author defines the origin and legal nature of the bar in Ukraine. The development of advocacy began in ancient Greece and ancient Rome. According to I. Pereverza, in ancient Greece there were several professions that were related to the contractual model of advocacy: logographers, synagogues, paracletes and pragmatists. The institution of patronage was a transitional stage on the way to the formation of a contractual model of advocacy [3, p. 14?17]. In Ukraine, as noted by V. Zaborovsky, the institute of Ukrainian advocacy originated during the Kievan Rus period [4, p. 141]. In the research process, the author defines the influence of international standards and European experience on the self-government of the bar in Ukraine. In this study, it was analized international documents that proclaim the principle of self-government of advocacy. It is amphasized that governments shall ensure that lawyers are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference, shall not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics. Furthermore, educational institutions shall ensure that lawyers have appropriate education and training and be made aware of the ideals and ethical duties of the lawyer and of human rights and fundamental freedoms recognized by national and international law. All this are the main principles of respect, protection and defense of the law practice [5, p. 100]. In this study, it was investigated the foreign models of the organization of implementation the principle of self-government of the bar. Learning of experience of another states helps to improve the existing model in Ukraine. In particular, M. Rudyk says about the relevance of the German model of self-government of advocacy for implementation in Ukraine [6]. In the research process, the author analyzed the professional status and guarantees of an attorney as a legal representative. It is determined that the professional status of a attorney as a legal representative is as a set of legal guarantees, rights, duties and freedoms and responsibilities, enshrined and regulated by the Law of Ukraine «About Bar and Advocacy», Civil Code of Ukraine, Civil Procedure Code, The Code of Administrative Procedure of Ukraine, the Commercial Procedure Code of Ukraine and other regulations, and determine the professional status of an attorney in society and coordinate his professional practice during representation of interests, protection of human rights and freedoms in the court. In the research process, analyzed the guarantees of an attorney’s activity provided by the legislation of Ukraine. According to the author, the main guarantees of advocacy are independence, legal immunity and security of a lawyer. During the research the author considered the peculiarities of the attorney as a legal representative whose aim is a protection of the rights, freedoms and interests of a person in court. In this thesis, the author considered and the professional status of a foreign state attorney. As V. Goncharenko suppose, an attorney provide professional activities in the territory of another state in which he received the status of a lawyer, does not lose legal ties with the bar association of his country of origin, its self-governing bodies or other authorized institutions. On the other hand, a lawyer of a foreign state not only provides legal assistance on the territory of Ukraine, but does so in accordance with Ukrainian law. At the same time, a lawyer of a foreign state in Ukraine has a kind of double disciplinary liability, which is also one of the features of his professional status [7, p. 170]. In addition, the author determined other types of advocacy activities which aim is the realization of the rights, freedoms and interests of a citizens. Therefore, author analyzed each of the type of legal services, which are provided by Article 19 of the Law of Ukraine «About Bar and Advocacy». Key words: advocate Institute; protection; legal guarantees; rights and responsibilities of a lawyer; rights, freedoms and legitimate interests of the citizen; the principle of independence of the legal profession; self-government. References. 1. Constitution of Ukraine: Law of Ukraine from 28.06.1996 № 254к/96-ВР. Information of the Verkhovna Rada of Ukraine.1996. No 30. P. 141., p. 59. 2. «About the Bar and Advocacy » the Law of Ukraine from 05.07.2012 №5076-VI URL: https://zakon.rada.gov.ua/laws/show/5076-17#Text. 3. Pereverza, I. (2014). Advocacy in Ancient Greece and Ancient Rome. Law: history, theory, practice: materials of the International scientific-practical conference (Lviv, March 14–15, 2014). Kherson: Helvetica Publishing House. 4. Zaborovsky, V. (2015). The origin of the Institute of Ukrainian Advocacy (IX–XVIII centuries). Scientific Bulletin of Uzhhorod National University. Series: Right. P. 139–142. 5. Antonyuk, S. Features of the lawyer in civil proceedings: dis. ... cand. jurid. Science: 12.00.07. 6. Rudenko, M. (2016). Organizational forms of advocacy in Europe (Germany, Sweden, Austria). Law Forum. № 2. P. 168–174. URL: http://nbuv.gov.ua/UJRN/FP_index.c.100. 7. Goncharenko, V. (2017). Features of disciplinary liability of a lawyer of a foreign state in Ukraine. Bulletin of criminal proceedings. № 2. P. 165–172. URL: http://nbuv.gov.ua/UJRN/vkc_2017_2_22.