Review

Modernization and modernization of civil procedural legislation, as a necessary condition for the current stage of reforming the justice system, marked a new milestone in judicial protection of the rights, freedoms and interests of a person, which is being implemented in the form of civil justice. The orientation to international standards of fair justice, the effectiveness of domestic litigation, reflected not only the formulation of the tasks and the basic principles of civil justice, the leading place among which, in the end, the principle of the rule of law, but also in general changed the paradigm of the civil process in Ukraine. Evidence of this is the emergence of new structures, concepts, institutions of civil procedural law, the transformation of classical procedures and approaches.

One of the institutes of civil procedural law, the normative basis of which was changed, became the institution of representation. In particular, the provisions of Art. 60 of the GIC of Ukraine provide that a representative in a court may be a lawyer or legal representative that corresponds to constitutional requirements, according to which only a lawyer carries out the representation of another person in court. The exception is the disputes arising from labor relations and minor cases. Thus, today the attorney becomes strategic as a participant in court proceedings when it comes to representation in civil proceedings. This determines the urgency of the issue of its legal status, which in the court proceeding is regulated jointly by the requirements of the general procedural law and the special law of Ukraine «On Advocacy and Advocacy».

The purpose of this article is to determine, on the basis of scientific analysis of norms of civil procedural legislation, the specificity of the legal status of a lawyer in the civil legal process of Ukraine.

The presence of the peculiarities of the right status of a lawyer in the court proceeding is conditioned by the updating of the norms of the Civil Procedural Code of Ukraine, which requires a proper correlation with the provisions of the Law of Ukraine «On Advocacy and Advocacy».

According to Art. 15 of the Civil Code of Ukraine, participants in the case have the right to use legal assistance, the kind of representation of which is carried out exclusively by a lawyer (professional legal assistance). This term replaced the term «legal aid». In our opinion, there was a change not only in the form but also in the content of the concept. The term «legal aid» points to its subject – a lawyer, while the design of «legal aid» focuses attention on its object – human rights. It is precisely their protection, in its broadest sense that from time immemorial determines the purpose of the functioning of the advocacy in society and in the state. Thus, «legal aid» is a content-wider concept, which is not limited to the range of subjects of its provision, while «legal aid» is the use of a lawyer – a lawyer, a specialist in jurisprudence.

The updating of the provisions of the Criminal Code of Ukraine permits primarily to focus on the following main points: 1) the lawyer is party to the trial, and not a party to the case. At the same time, as a representative, he realizes the rights and obligations that are due to him on behalf of the person he represents; 2) the lawyer is prohibited from abuse of procedural rights; 3) measures of procedural coercion may be applied to the lawyer; 4) the lawyer may be questioned as a witness, which makes it impossible for him to continue to represent him in the case; 5) the powers of the lawyer can be confirmed by a power of attorney or a warrant with the appropriate warning about limiting powers.

The attention to the legal status of a lawyer is due to its decisive role in society and the state, in which a person is an unconditional and unconditional value, and his rights, freedoms and interests are guiding the formation of all areas of state policy.

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