Вісник Харківського національного університету імені В. Н. Каразіна Серія: «Право» (Dec 2023)

Law practice in Ukraine in the aspect of implementation of general European standards of the organization of legal activities (theoretical and legal aspect)

  • Artem Beresten

DOI
https://doi.org/10.26565/2075-1834-2023-36-01
Journal volume & issue
no. 36
pp. 8 – 15

Abstract

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The article examines the development directions of the advocacy institute based on the analysis of the content of the special legislation of Ukraine. In the aspect of intensifying the processes of European integration of Ukraine, as a candidate state for joining the European Union, the main factors of reforming the institution of advocacy of the self-governing bodies of the advocates are analyzed, the priorities of the reform of the legislation on advocacy are outlined, taking into account the problems of the practice of advocacy. On the basis of a systematic analysis of international and bilateral documents, the latest amendments to the Law of Ukraine "On the Bar of Ukraine" and laws on the implementation of the rights and freedoms of a person and a citizen of Ukraine provided for by the Constitution, aspects of the practical implementation of the principles of the rule of law, strict adherence to the constitutional provisions of the law, democracy, social expediency, principles of scientific validity, systematicity and coherence, interconnection and interaction of legislative acts, priority of generally recognized norms and principles of international law in relation to national legislation. The conclusion that the main task in the process of practicing law is to highlight the processes of reforming the institution of advocacy and the mechanisms for ensuring the development of special legislation is substantiated. Special emphasis is placed on improving the self-government of lawyers, guarantees for the protection of the professional rights of lawyers, and strengthening the qualification requirements for persons who must gain access to the profession of lawyer.

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