Advocacy of Ukraine under constitutional reform

Nana Bakaianova; Oleksii Svyda; Maryna Demenchuk; Olena Dzhaburiya; Oksana Fomina

Nana Bakaianova Department of Organization of Judicial, Law Enforcement Agencies and the Bar of National University «Odesa Law Academy»
Oleksii Svyda Department of Organization of Judicial, Law Enforcement Agencies and the Bar of National University «Odesa Law Academy»
Maryna Demenchuk Department of Organization of Judicial, Law Enforcement Agencies and the Bar of National University «Odesa Law Academy».
Olena Dzhaburiya National University «Odesa Law Academy»
Oksana Fomina Department of Organization of Judicial, Law Enforcement Agencies and the Bar of National University «Odesa Law Academy»

Keywords: Attorney, lawyer, bar, monopoly.

Abstract

The relevance of the article is to find the answer to the question of the reasonableness of the abolition of the attorney 's monopoly in Ukraine. The object of the study of this article was the social legal relationship that arises when a person is represented in court by a lawyer.
Both general scientific and legal research methods were used in the writing of the research. The article analyzed the draft laws on the abolition of the attorney's monopoly, the views of supranational bodies on this issue.
The authors concluded that a lawyer should remain the exclusive, sole, "external" representative who provides professional legal assistance.

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Author Biographies

Nana Bakaianova, Department of Organization of Judicial, Law Enforcement Agencies and the Bar of National University «Odesa Law Academy»

Doctor of Juridical Science, Professor Assistant, Head of Department of Organization of Judicial, Law Enforcement Agencies and the Bar of National University «Odesa Law Academy», attorney, member of the Scientific Advisory Board of the National Association of Lawyers of Ukraine

Oleksii Svyda, Department of Organization of Judicial, Law Enforcement Agencies and the Bar of National University «Odesa Law Academy»

Ph. D., Professor Assistant of Department of Organization of Judicial, Law Enforcement Agencies and the Bar of National University «Odesa Law Academy», attorney

Maryna Demenchuk, Department of Organization of Judicial, Law Enforcement Agencies and the Bar of National University «Odesa Law Academy».

Ph. D., Assistant of Department of Organization of Judicial, Law Enforcement Agencies and the Bar of National University «Odesa Law Academy».

Olena Dzhaburiya, National University «Odesa Law Academy»

Graduate student, assistant of Department of Organization of Judicial, Law Enforcement Agencies and the Bar of National University «Odesa Law Academy», attorney, Deputy Chairman of the Bar Council of the Odessa Region, Director of the Law Firm «Sobranie».

Oksana Fomina, Department of Organization of Judicial, Law Enforcement Agencies and the Bar of National University «Odesa Law Academy»

Graduate student, assistant of Department of Organization of Judicial, Law Enforcement Agencies and the Bar of National University «Odesa Law Academy»

References

On Amendments to the Constitution of Ukraine (on the Abolition of the Attorney's Monopoly): Draft Law of Ukraine, submitted to the Verkhovna Rada of Ukraine by the President of Ukraine V. Zelenskyi, August 29, 2019 No. 1013. (2019). Verkhovna Rada of Ukraine. Retrieved from http://w1.c1.rada.gov.ua/pls/zweb2/webproc34?id=&pf3511=66242&pf35401=490784.

Basic Principles on the Role of Lawyers. (1990). Verkhovna Rada of Ukraine. Retrieved from http://zakon5.rada.gov.ua/laws/show/995_313.

On the freedom of professional activity of lawyers: Recommendation of the Committee of Ministers of the Council of Europe member states. (2010). Lawyer, 11, 11–12.

NBAU's Open appeal to the President of Ukraine and the Verkhovna Rada. (2019). National Bar Association of Ukraine. Retrieved from https://unba.org.ua/news/4642-vidkrite-zvernennya-naau-do-presidenta-ukraini-ta-verhovnoi-radi.html.

Bar Institute: Joint Opinion on the Draft Law of Ukraine “On the Bar and Advocate's Activity” of the Venice Commission and the Directorate for Justice and Human Dignity within the Directorate-General for Human Rights and the Rule of Law). (2011). Law of Ukraine, 11/12, 198-216.

Interim Opinion of the Venice Commission on the Draft Law on Amendments to the Constitution of Ukraine of July 24, 2015. (2015). Retrieved from https://vkksu.gov.ua/userfiles/doc/promi_visnovok.pdf

Final Opinion of the Venice Commission on the Draft Law on Amendments to the Constitution of Ukraine of September 4, 2015. (2015). Retrieved from https://vkksu.gov.ua/userfiles/doc/visnovok%2026.pdf.

Constitution of Ukraine. (1996). Verkhovna Rada of Ukraine. Retrieved from https://zakon.rada.gov.ua/laws/show/254%D0%BA/96-%D0%B2%D1%80.

Dekhanov, S. (2011). Bar in Western Europe: experience and current status. Moscow.

Regulation of the profession of a lawyer. (2019). Federal Chamber of Attorney of the Russian Federation. Retrieved from http://www.fparf.ru/news/all_news/news/16504/.

Kyku, M. (2010). The right to legal assistance in civil proceedings: justification from the standpoint of the supremacy of human. Moscow.

Vaskovskyy, E. (2003). Civil Procedure Textbook. Moscow: Zertsalo.

Scientific and Practical Conference of the International Union (Commonwealth) of Lawyers in Singapore. (2006). Lawyer, 4, 7–8.