Advocacy in the legal mechanism of protection of citizens’ rights
Students Name: Mysyk Olesia Stepanivna
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: Mysyk O. S., MarychKh. M. (supervisor). The Bar in the legal mechanism for protection of citizens’ rights. Master’s thesis. – Lviv Polytechnic National University, Lviv, 2020. Extended abstract. The activities of the Bar, as an institution of civil society, are aimed at protecting human rights; therefore, the issues of participation of the Bar in the functioning of the modern mechanism for protection of citizens’ rights are becoming increasingly important. The background for achieving the protection of rights of man and citizen is the establishment and development of legal norms, the provision of legal assistance and the implementation of human rights activities. The significance of the Bar is confirmed by the norms of the legislation, which assert that the Bar provides legal defense, representation and other types of legal assistance on the professional basis [1]. The issues of formation and functioning of the human rights mechanism, the importance of human rights activities of the Bar in its structure are urgent. The formation of the Advocacy Institute is closely connected with the appearance of the first manifestations of the judiciary (judicial power) in the ancients [2, p. 4002]. The historical features of the formation of statehood, the stages of the development of the state and law, which created the conditions for the spread of legal protection and legal aid, are of great value. The concept of the mechanism for human rights protection is a dynamic characteristic and it is chiefly broader than the concept of protection itself [3, p. 54]. The distinction between a broad and a narrow understanding of the mechanism for protection of human rights is explained by its general and specific action. The structure of the mechanism for human rights protection combines its interacted elements, as well as the Advocacy Institute, which is represented in the institutional component. Analyzing the essence of the Bar, the researchers distinguish its status as a profession and professional activity, as an association of lawyers, as a human rights institution [4, p. 24]. The functions and features of the Bar indicate the place of legal practice in the state and society, the formation and unification of standards of advocacy. Under conditions of a modern democratic state governed by the rule of law, great attention is paid to the pluralistic nature of citizens’ rights protection, which provides the same functionality and effectiveness of all forms and methods of protection of rights and freedoms of man and citizen, freedom of choice and application of protection forms [5, p. 120]. The special place of the Bar as a non-governmental institution is due to the participation of lawyers in judicial and administrative forms of defense, the provision of legal assistance, the use of the special status of defense counsel and representative. Legal assistance of the Bar is perceived as one of the important guarantees of individual rights, the implementation of which is ensured by the mechanism of cooperation between the state and civil society [6, p. 100]. The guarantees of citizens’ rights are established at the national level in order to ensure them; and they are reflected in practice of law. The universality of the mechanism for rights protection lies in the legal, organizational, functional features of its operation based on the norms of national and international law. The improvement of the national legislation and the use of international experience have a comprehensive impact on the development of the Bar, the mechanism for rights protection. It is also important for ensuring rights of man and citizen. Study object – social relations that arise when lawyers carry out professional activities to protect the rights of citizens and provide legal assistance. Scope of research – is the legal nature and legal regulation of the bases of formation, structure and functioning of the mechanism for human rights activities of lawyers. Goal of research – is a comprehensive analysis of the functioning of the Bar in the human rights mechanism. Briefly put the research results: the historical features of the formation of the mechanism for rights protection and the Advocacy Institute are elucidated; the content of the human rights mechanism and its structure are characterized; the significance of the legal practice and its functions is clarified; the existence of forms of rights protection and human rights activities, the need for legal assistance are substantiated; the features of access to justice and procedural defense are suggested; the role of protection guarantees and promotion of citizens’ rights is revealed; the ways to improve the rights protection and legal practice are determined. Key words: the Bar, human rights activity, mechanism for citizens’ rights protection, legal practice, legal aid. References. 1. On the Bar and Practice of Law: the Law of Ukraine No. 5076-VI of 5 July 2012. URL: https://zakon.rada.gov.ua/laws/show/5076-17#Text 2. Antoniuk, S. (2019). Lawyer as a subject of providing legal assistance to a client on a professional, independent basis. TraektoriaNauki = Path of Science, 5, 4001–4016. DOI: 10.22178/pos.46–6. 3. Vyshkovska, V. I. (2011). General theoretical construction of the mechanism of human rights activity in Ukraine. Scientific journal of Drahomanov National Pedagogical University. Series 18: Economics and Law, 16, 53–58. 4. Vilchyk, T. B. (2017). Functions of institutional advocacy. Forum of Law, 2, 24–29. 5. Sokolenko, O. L. (2013). Civic rights protection as a fundamental function of the law-based state. Law Review of Kyiv University of Law, 2, 118–121. 6. Nikitchenko, V. V. (2018). Advocacy of Ukraine as a human rights organization. Expert: Paradigm of Legal Sciences and Public Administration, 1, 96–101. DOI: 10.32689/2617-9660-2018-1-1-96-101.