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The legal status of a lawyer in the context of the formation of civil society and the rule-of-law state in Ukraine

Work number - M 48 AWARDED

Presented Uzhhorod National University.

Zaborovskyy Viktor - Professor of the Department of Civil Law and Procedure, Uzhhorod National University.

The research is aimed at solving an important research problem of improving the theoretical and legal provisions of the legal status of Ukrainian advocates as well as developing on their basis and introducing into practice scientifically grounded proposals for improving the norms of the current legislation on advocacy, to ensure the proper implementation of an individual’s right to professional legal aid.

The research work focuses on solving the following tasks: to clarify the international standards of legal support for an advocate’s independence as a fundamental requirement for providing professional legal aid; to establish the features and shortcomings of an advocate’s legal situation in the context of realization of the procedural form of his / her activity; to reveal theoretical and practical aspects and the acquisition of the legal status of an advocate, and the formalization of his / her powers, and also to carry out the comprehensive research of the essence of each of the structural elements of an advocate’s professional legal status (rights and duties, guarantees and responsibility), taking into account both the current legislation on advocacy as well as the developments, primarily, of the Judicial Reform Council and the Ukrainian National Bar Association; to develop scientifically sound proposals for optimizing the national legislation, in particular in terms of improving certain components of an advocate’s legal status.

The features and disadvantages of the multifaceted legal status of a lawyer in criminal, civil, economic, administrative and constitutional court proceedings (in the conditions of implementation of procedural form of its activity) are revealed and prospects of its improvement are determined. The relationship between protection and representation as the main functions of the professional activity of a lawyer is revealed. In the context of the study of theoretical and practical problems of obtaining the status of a lawyer, the dissertation reveals the essence of both positive and negative conditions for its acquisition as well as the further realization of advocacy. The legal nature of each of the documents certifying the powers of a lawyer in the aspect of the procedural and non-procedural forms of its activity is analyzed, and the advantages and disadvantages of their practical application are revealed.

Number of publications: 195, including 6 monographs (1 – issued abroad) and 2 textbooks, 132 scientific articles (53 – in the leading scientific journals of other countries, including 2 – in English-language journals with an impact factor, 79 – in professional journals of Ukraine), 55 scientific conference abstracts, among which the 16 ones were published abroad. The total number of citations to the authors' publications/h-index of the work, according to the databases, is: Web of Science - 0/0, Scopus - 0/0, Google Shcolar – 771/11.