ISSN 2413-5372, Свідоцтво про державну перереєстрацію КВ №25381-15321 ПР від 07.01.2023 р.
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НАУКОВО-ПРАКТИЧНИЙ ЖУРНАЛ "ВІСНИК КРИМІНАЛЬНОГО СУДОЧИНСТВА"

Архів номерів

The legal Issues of access to the advocacy in Ukraine: problems and prospects

Сторінки: 169-175
Рік: 2016
Видавець: ТОВ "Правова Єдність"
Скачати файл: 2_2016_Smituh.pdf

Анотація

The paper researches some implementation peculiarities of the international standard access to advocacy within the national legal regulation. The key issues of Ukrainian legislation discrepancy with the international principles of the advocacy regulation are highlighted. Special attention is paid to the training of those intending to become advocates and attorneys monopoly on representing clients in judicial authorities. The paper discloses some controversial issues of acquiring the right to practice law in Ukraine, in particular training term, professional traineeship entry exams.

Advocates, like medical specialists, have specialized expertise in various areas of the law, especially in the presentation of cases in court. To obtain the services of an advocate, the client approaches the attorney who then engages the advocate on his behalf, to represent him in court or advise him as necessary. Joining a bar is not compulsory and you can technically practice independently.

Advocacy is working to influence public policy in social, economic, political, and cultural spheres in order to bring about justice and positive change in human rights and issues.

It is reported that access to advocacy as an international principle of organization and activity of the advocacy includes the following provisions: 1) ensuring freedom advocates access to the legal profession without discrimination on any of the signs, including through ownership and social status; 2) the creation of an independent system to monitor the level of education of advocates and control procedures for the organization of access to the legal profession; 3) provision of state guarantees to obtain legal education Persons wishing to acquire the status of a lawyer. However, accessibility of advocacy should not provide that any person who, without any special effort, can engage in such activities. Access to advocacy involves special but equal, equal, nedyskryminuyuchi requirements for persons intending to become a lawyer.

 Keywords: access to the advocacy, the monopoly on representation, international standard, a lawyer internship. 

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