Article | Role of the Lawyer in System of Rendering Professional Legal Aid in Ukraine and the Countries of the European Union |
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Authors |
Tarasenko L.
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Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
Issue | 12 / 2016 |
Pages | 19 - 28 |
Annotation | In the article the issue of representation by an advocate in court and the advocate’s role in the system of providing professional legal assistance in Ukraine and in the European Union is researched. The author analyzes the legal regulation of these relations. The main theoretical positions and positions of higher courts on the subject of scientific research are considered. Confirmed, that trial procedure requires special knowledge of procedural law and substantive law, court practice. The author concludes that legal assistance during the trial should be given professionally and only the advocate provides the possibility for the individuals to get a proper and a professional legal assistance during court proceedings. The introduction to the legislation of Ukraine the so-called «legal monopoly» is a justified step that aims to protect the rights of citizens and legal entities. The author affirms that advocate participation in the proceedings entails increasing of out-of-court settlement or the settlement court agreement concluding. The author suggests that further reform of procedural law should adopt a positive European experience in this sphere, taking into account that in Europe the bar holds a special place in the justice system and is an integral part of justice. |
Keywords | advocate, court, justice, defense, representation, legal aid, proof. |
References | |
Electronic version | Download |