КОНСТИТУЦІЙНІ ЗАСАДИ ПРАВОВОЇ ПОЛІТИКИ УКРАЇНИ

Abstract

Стаття присвячена висвітленню однієї з актуальних проблем сучасності – питанню правових основ діяльності інституту адвокатури в Україні. Оскільки, без створення гарантій для захисту прав людини, без забезпечення механізму функціонування цього специфічного демократичного інституту, яким є адвокатура, розбудова правової держави є неможливою. The article deals with one of the keen problems of our time - the question of the legal basis for the legal profession in Ukraine. Whereas, not having established guarantees for the protection of human rights, not having provided a specific mechanism of functioning for democratic institutions, which advocacy is, it is impossible to build the rule of law. Foreign and Ukrainian modern lawyers, scholars, scientists in the theory of human rights pay attention in their writings for the activities of the legal profession. However, the main source of our study is regulations of governing the activities in the advocacy in the modern period. Therefore, the purpose of the article is the study of legislation, covering not only the laws but also regulations of government ministries and agencies, which will enable us to form the legal basis of the hierarchy for the legal profession in Ukraine in order of importance. An extremely important step in the realization of the guaranteed basic law of Ukraine - the Constitution, is the mechanism of human rights protection and immediate legal prerequisite for the functioning of the legal profession, i.e. acting Law of Ukraine "On Advocacy and Advocate’s Activity," adopted by the Verkhovna Rada of Ukraine on July 5, 2012 as amended by the law number 1702-VII of 10/14/2014, BD, 2014, № 50-51, st.2057. This law states that advocacy in Ukraine operates on the principles of the rule of law, legality, independence, confidentiality and avoidance of interest and advocacy conflicts; it is recognized as an independent professional advocate for the implementation of the activities for defense, representation and provision of other types of legal assistance. Due to the Law of Ukraine "On Advocacy and Advocate’s Activity" legal framework of the legal profession is close to the internationally recognized democratic standards, and this in turn should provide lawyers professional legal assistance to anyone who needs it. It has been improved the procedure for admission to the legal profession, defined types and guarantees of advocacy, cleared out the system of the legal profession. It has also been introduced the Unified Register of Advocates in Ukraine, established an effective mechanism for disciplinary lawyers and regulated the participation of advocates from the foreign states in the implementation of advocacy in Ukraine and demarcated relationship Advocacy and the state, which is an essential guarantee of the independence of the Advocacy.