Large-scale changes in social life which should ensue from the new political course aimed at overcoming the corruption phenomena and imbalances in law enforcement, at strengthening the domain of human rights protection, and implementing the tasks of justice, are possible if systemic reforms are made. Active law-making activities require an in-depth study of the current state of legislation and the content of legislative initiatives from the standpoint of theory, practice and foreign experience with a view to developing thorough recommendations in this area.

The purpose of the article is to comprehensively analyze the constitutional and legal regulation of the bar in the new socio-political conditions, to study scientific sources and relevant draft legislation in the field under study, and also to develop scientifically-based proposals aimed at improving the legislation on the bar and attorney-at-law activities and the practice of its application.

It is noted that at the current stage of judicial and legal reform, one of major problems of the bar is to determine the scope of reform which is really necessary for a proper implementation of the functions of the bar. Arguments are offered in favor of the position that current legislation on the bar and attorney-at-law activities is generally consistent with international standards in this area. At the same time, taking into account practical issues of attorney-at-law activities and organization of the bar, it is possible to formulate the vectors for further development of legislation, based on the real needs which society has with regard to professional legal aid and guarantees of attorney-at-law activities. It is from these positions that the article assesses legislative proposals and the ways of further improvement of attorney-at-law activities.

The article supports the legislative initiative to expand the opportunities for selfrepresentation of public authorities, authorities of the Autonomous Republic of Crimea, local self-government bodies, and other legal entities, irrespective of the procedure subject to which they are established in court.

Critical assessment is given to the proposal of abolishing the exclusive right of attorneysatlaw to represent individuals in courts in the text of the Ukrainian Constitution; of removing incompatibility requirements from the Law of Ukraine “On the Bar and Attorney-at-Law Activities”; of introducing an employment contract as the basis upon which an attorney-at-law works; of making attorneys-at-law liable under disciplinary procedure solely for actions committed in the attorney’s-at-law capacity; of including the Unified Register of Attorneys-at-Law of Ukraine in the system of Public Registers and changing its name; of simplifying the procedure for initiating criminal proceedings against attorneys-at-law.

Suggestions are made as to further ways of improving the organization and activities of the bar, primarily strengthening the independence of the bar and guarantees of attorneyatlaw activities.

It is noted that the update of legislation on the bar needs certain correlation, given the experience of the bar in Ukraine and European countries and the trends according to which attorney-at-law activities develop in today’s world.

Bibliography

Authored books

1. Banchuk O, Pravova dopomoha: zarubizhnyi dosvid ta propozytsii dlia Ukrainy [Legal Aid: Foreign Experience and Proposals for Ukraine] (Fakt 2004) (in Ukrainian).

Journal articles

 2. Orzikh M, ‘Mizhnarodno-pravovi standarty i prava liudyny v Ukraini’ [‘International Legal Standards and Human Rights in Ukraine’] (1992) 4 Pravo Ukrainy 8-12 (in Ukrainian).

Dissertations

 3. Vilchyk T, ‘Advokatura yak instytut realizatsii prava na pravovu dopomohu: porivnialno-pravovyi analiz zakonodavstva krain Yevropeiskoho Soiuzu ta Ukrainy’[‘The Bar as an Institution for the Exercise of the Right to Legal Aid: A Comparative and Legal Analysis of Legislation of the European Union Countries and Ukraine’] (dys d-ra yuryd nauk, 2016) (in Ukrainian).

Websites

4. Buromenskyi M, ‘Obrashchenye v Evropeiskyi sud po pravam cheloveka (praktyka Suda y osobennosty ukraynskoho zakonodatelstva)’ [‘Appeal to the European Court of Human Rights (the Court’s Case Law and Peculiarities of Ukrainian Legislation)’] (Tsentr suddivskykh studii) <http://www.judges.org.ua/seminar9-2.htm> (accessed: 01.11.2019) (in Russian).

5. Kostin A ta Podtserkovnyi O, ‘“Advokatska monopoliia” ta protsesualni problemy samopredstavnytstva’ [‘“Attorney’s-at-Law Monopoly” and Procedural Issues of SelfRepresentation’] (Sudovo-iurydychna hazeta, 24.10.2019) <https://sud.ua/ru/news/ blog/153119-postupovo-usunuti-problemi-advokaturi-ta-sudovogo-predstavnitstva> (accessed: 05.11.2019) (in Ukrainian).

6. Kukhniuk D, ‘Kroky Parlamentu shchodo vyluchennia normy pro advokatsku monopoliiu z Konstytutsii ye tsilkom vypravdanymy’ [‘Steps of the Parliament to Remove the Rule of Attorney’s-at-Law Monopoly from the Constitution are Quite Justified’] (Iurydychna hazeta, 10.10.2019) <http://yur-gazeta.com/interview/krokiparlamentushchodo-viluchennya-normi-pro-advokatsku-monopoliyu-z-konstituciyiecilkom-vipravd.html> (accessed: 05.11.2019) (in Ukrainian).