Legal status of the lawyer: comparative analysis of the legislation of Ukraine and foreign countries

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Dutko A., Ostapenko L., Trach I. "Legal status of the lawyer: comparative analysis of the legislation of Ukraine and foreign countries"

Institute of Jurisprudence and Psychology, Lviv Polytechnic National University, Department of Civil Law and Procedure
Lviv Polytechnic National University, Institute of Jurisprudence and Psychology
Institute of Jurisprudence, Psychologyand Innovative education Lviv Polytechnic National University, Department of Civil Law and Procedure

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). The authors emphasize that it is a lawyer who is called to ensure the rights and legitimate interests of an individual in the process of law enforcement by providing qualified legal assistance. Advocacy is an institution of civil society, a professional association of lawyers created to serve people, which has a great influence on the socio-legal status of society and its members. The legal status of a lawyer under the legislation of the Republic of Estonia, Switzerland, Germany, Austria, and the Republic of Azerbaijan is analyzed. The article emphasizes that the effectiveness of human rights advocacy depends on the state of law and order in the country, justice and the level of legal awareness of citizens, the attitude of public authorities to human and civil rights and freedoms and their means of protection. The authors aimed to find ways to improve the legal regulation of the legal status of a lawyer in Ukraine on the basis of analysis of the legislation of other countries, development and implementation of certain scientifically sound proposals and recommendations. The authors of the article conclude that the legal status of a lawyer includes the rights and obligations of a lawyer, the requirements for a person wishing to become a lawyer, the responsibility of a lawyer and guarantees of advocacy).

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