lawyer

The comparative analysis of conceptual bases of the legal status of the lawyer in Ukraine and foreign countries is carried out. Particular attention is paid to the study of the independence of the lawyer as a fundamental condition for the practice of law. Based on the analysis of domestic and foreign legislation on advocacy, scientific and theoretical works, case law, international standards of the legal profession reveals the essence of the structural elements of the legal status of a lawyer (professional rights and responsibilities, guarantees of advocacy and liability of a lawyer).

A study of the nature of the category "legal status of a lawyer" has shown that it is one of the most fundamental and at the same time one of the most complex categories in jurisprudence. This is due to the fact that, on the one hand, this category has received a wide range of applications both in legal theory and in practice, and on the other - in modern legal science there is no single (universal) approach to understanding its essence.

The article defines the essence of legal ethics as certain components, namely: a) the purpose (mission) of a lawyer is to protect the interests of his client, providing him with the necessary professional legal assistance, which must be provided continuously and at the appropriate professional level.

The dynamic changes of today are manifested in the redistribution of the roles of the subject and the object of communication in the context of the growth of their professional knowledge. Therefore, in the context of modern information culture, the educational paradigm of information transformation is also significantly altered. The outward expression of a lawyer’s professional culture is evident in his rhetorical and communicative culture. It also reflects the entire socio-cultural experience that combines the components of the specialized and the ordinary.

The article analyzes the study of the genesis of legal activity in the Anglo-American legal family on the examples of the “maternal” legal systems of England and the USA, as well as the peculiarities of the activity of lawyers in various spheres of public life, the variety of legal specialties, forms and areas of participation of lawyers in law-making, enforcement, the activities of law enforcement agencies and human rights organizations, the provision of legal services.

In civilized democratic states, an advocate is an integral factor in the legal system and the main non-state institution for the protection of the individual, his rights and freedoms. Thus, the lawyer, in the fullest sense of the word, defines the right to legal protection or legal assistance provided by lawyers to those in need. Advocacy is an extremely important instrument of democracy, because in essence it is the organization of professional advocates and performs such a public function as protecting the fundamental rights of the individual.

The article is devoted to defining the general principles of the organization and functioning of the bar in foreign countries. Particular attention is paid to the analysis of primary, secondary and tertiary levels, national and supranational standards of legal support for the functioning of the bar in the EU. The article deals with the general principles of the organization and functioning of the lawyers of the United Kingdom, Germany, France, the USA. Particular attention is devoted to the establishment of the Institute of Advocacy in modern developed countries.

The article analyzes the role of the Ukrainian Bar Institute in the mechanism ofprotection of human and citizen’s rights and freedoms. Attention is drawn to the fact that themodern component of the characteristics of the national bar association is directly related to14the change of vector not only in the field of improvement of the judicial system, but also as anindependent civil society institute formed in Ukraine.

Adequate legal protection in the criminal process plays a leading role, as it is an
extremely important and obligatory element of state and public development, and serves as the
basis for the formation of a democratic rule of law and civil society. Building a rule of law is
impossible without respecting the guarantees of human rights protection, without providing a
clear mechanism for the functioning of such a specific democratic institution, such as the bar.
The value of legal institutions that are called upon to protect human rights is growing

The article is devoted to the review of the notion of the principle of adversarialism and
the proof of a reasonable relationship between the competition principle, the equality of the
parties and the activity of the court in order to ensure equality of evidence of the parties’
capabilities, which should be in line with the tendencies towards the socialization of the
functions of justice.