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

: 169-176
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).

1. The Constitution of Ukraine of June 28, 1996 №. 254k / 96-BP1996. Information of the Verkhovna Rada of Ukraine (BBR). № 30, Art. 141[in Ukrainian] 2. Criminal Procedure Code of Ukraine of 13.04.2012 4651-VI. Information of the Verkhovna Rada of Ukraine (BBR). 2013. № 9-10, № 11-12, № 13, p.88[in Ukrainian] 3.Civil Procedure Code of Ukraine from 18.03. 2004 1618-IV. Information of the Verkhovna Rada of Ukraine (BBR). 2004. № 40-41, 42, p.492 [in Ukrainian] 4. About the bar and the lawyer activity: Law of Ukraine dated July 5, 2012 № 5076-VI. Information of the Verkhovna Rada (BBR). 2013. № 27 [in Ukrainian] 5. Rules of advocacy ethics from June 9 2017, approved by the Congress of Advocates of Ukraine Rules-2017_596f00dda53cd.pdf [in Ukrainian] 6. The Basic Provisions on the Role of Advocates of August 1 1990, № 995_835 URL: [in Ukrainian] 7. The Federal Provisions on the Advocate of January 8, 1959 URL: [in Ukrainian]. 8. Andrievsky I. (1890). Encyclopedic Dictionary. St. Petersburg .: Semenovskaya Tipo-Lithography, Fontanka. № 92. 482 p. [in Russian] 9. Boykov A.D. (2010). Status advokata: soderzhaniye, kvalifikatsionnyye trebovaniya i printsipy advokatskoy deyatel'nosti [Status of lawyer: content, qualification requirements and principles of advocacy]. (Extended abstract of candidate’s thesis). Moscow. [in Russian]. 10. Demidova L.A. (2006). Advocacy in Russia. Moscow: Justicinform CJSC. [in Russian]. 11. Dyukina V.R. (2014). Grazhdansko-pravovoye regulirovaniye okazaniya advokatskikh uslug v prave Yevropeyskogo Soyuza [Civil law regulation of the provision of legal services in the law of the European Union] (Extended abstract of candidate’s thesis). Russian University of Friendship of Peoples. Moscow. [in Russian]. 12. Kompaneytsev S.V. (2013). Deontolohichni zasady diyalʹnosti advokativ v Ukrayini [Deontological principles of activity of lawyers in Ukraine]. (Extended abstract of candidate’s thesis). Kyiv. [in Ukrainian] 13. Melnychuk O.S. (1985). Slovnyk inshomovnykh sliv [Dictionary of foreign words]. Kyiv: Editor-in-chief of URE. [in Ukrainian]. 14. Stetsovsky Y.I. (2010). Stanovleniye advokatury v Rossii [Formation of the Bar in Russia]. Moscow: Walters Clover. [in Russian]. 15. Tatsyi L.V. (2008) Yurydychna pryroda advokatury v systemi zakhystu prav i svobod lyudyny i hromadyanyna [Legal nature of the bar in the system of protection of human and citizen's rights and freedoms]. (Extended abstract of candidate’s thesis). Kharkiv University of Internal Affairs. Kharkiv [in Ukrainian]. 16. Fiolevsky D.P. (2014). Advokatura [Advocacy]. Kyiv: Alerta. 17. Khotenets P.V. (2002). Pravovyy status advokata v Ukrayini [Legal status of a lawyer in Ukraine]. (Extended abstract of candidate’s thesis). Nat. lawyer. Acad. Of Ukraine. J. the Wise. Kharkiv. [in Ukrainian]. 18. Shemshuchenko Yu. S. (2007). Velykyy entsyklopedychnyy yurydychnyy slovnyk. [The Great Encyclopedic Law]. Kyiv: Law. opinion [in Ukrainian].

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