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The article is devoted to the peculiarities of representation by an advocate of the interests of the client in enforcement proceedings as a type of advocacy. The article analyzes the scientific provisions on the representation by an advocate of the interests of the client in enforcement proceedings. It is established that representation by a lawyer of the interests of the client in enforcement proceedings should be distinguished from other types of representation in enforcement proceedings. The issues of representation of the prosecutor in enforcement proceedings and the correlation of this representation with the representation of the lawyer are also investigated. It is concluded that the provisions of the legislation regulating the participation of the prosecutor in enforcement proceedings do not comply with the norms of the Constitution of Ukraine. When studying the range of persons who can have a lawyer-representative in enforcement proceedings, attention is drawn to the fact that this range is narrow. Only the claimant and the debtor have the right to have a lawyer represent their interests. It is concluded that the right of a participant of enforcement proceedings to have a lawyer as his representative should be recognized for any participant who enters into legal relations with the executor and needs legal assistance. It is necessary to give the right to the lawyer to always act next to the person he represents. The article also investigated the question of whether the executor has the right to have a representativeadvocate. It is determined that the legislation of Ukraine does not provide for the possibility of public and private executors to exercise their rights and obligations in enforcement proceedings through representatives, in particular, and lawyers. Thus, state and private executors are obliged to carry out activities on forced execution of decisions exclusively in person. However, in court, the executor has the right to exercise his rights and obligations through a lawyer. The list of documents that may confirm the powers of an advocate as a representative in enforcement proceedings is also defined. It has been established that there is a discrepancy between the lists of these documents provided for by the legislation on enforcement proceedings and the legislation on advocacy. A proposal has been made to provide in the legislation on enforcement proceedings for a legal assistance contract to be one of such documents [ABSTRACT FROM AUTHOR]

The institution of advocacy in any democratic society is called to play an important role in ensuring principles of the legality and the supremacy of law. The importance of this has been confirmed by the constitutional prescription of the Art. 131-2 of the Constitution of Ukraine, according to which the advocacy operates in Ukraine to provide professional legal assistance. At the same time, only an advocate has the right to represents another person in court, as well as defense against criminal charges, with the exception of certain cases. The relevance of the study of the guarantees of advocatory activity in Ukraine has been determined by the existing problems of their violation. In particular, there is a need both to solve the existing practical aspects and to take into account the prospects of regulating the specified relations in the conditions of European integration, including in the future post-war period. At the same time, it is important to develop ways to ensure compliance with the guarantees of advocatory activity in Ukraine on the basis of taking into account the experience of the countries of the European Union and the best global standards. The peculiarity of the Ukrainian advocacy is that in the society it plays the role of a non-state self-governing institution, which takes care of ensuring the protection of the professional rights of advocates, compliance with guarantees and the proper implementation of legal activities, ensuring a high professional level of advocates and resolving issues of their disciplinary responsibility. Advocatory activity is impossible without the adequate guarantees of legal independence. The actual identification of advocates with their clients, attempts to hinder the practice of law by means of groundless appeals to bring advocates to various types of liability, etc., are extremely common violations of the guarantees of advocatory practice as of today. The existence of an independent institute of advocacy has a positive meaning for the state as well, because it balances forces, a clear system of checks and balances appears, which minimizes the possibility of various types of abuse. At the same time, the real guarantee of compliance with the guarantees of advocatory activity will be not only their consolidation in a declarative order, but effective enforcement of compliance, including by applying to guilty persons the measures of legal responsibility defined by law. [ABSTRACT FROM AUTHOR]

The advocacy of Ukraine is a nongovernmental, self-governing institution that provides protection, representation and the other types of legal assistance on a professional basis, and independently resolves issues of the organization and activity of the advocacy in the manner established by the law. The advocacy of Ukraine consists of all advocates of Ukraine who have the right to practice law. According to the current legislation of Ukraine, advocatory activities are carried out on the basis of a contract on the provision of legal assistance. In this regard, the study of this type of contract and the clarification of its place in the system of regulators of social relations have become extremely important and are the urgent tasks in the domestic legal science. The contract on the provision of legal assistance is an unnamed type of contract at the level of the codified act. Because of this, the provisions of the Law of Ukraine «On Advocacy and Advocatory Activity» have been devoted to its legal regulation. The contract for the provision of legal assistance may also be concluded in favor of the client by another person acting in his interests. In such cases, the rules of the art. 636 of the Civil Code of Ukraine should be applied to it. In particular, the execution of such an agreement on the provision of legal assistance can be demanded both by the person who concluded the agreement and by the client for whose benefit it was concluded. Termination of the contract for the provision of legal assistance at the initiative of the client and/or the person who concluded the contract in the interests of the client is not recognized as an indicator of unsatisfactory work of the advocate (advocatory bureau or advocatory association). After all, the essence of advocacy should consist in providing professional legal assistance to clients to achieve justice in exclusively legal and morally justifiable ways. On the basis of the civil legal analysis of the contract on the provision of legal assistance, it is advisable to support conclusions about its consensual legal nature, belonging to the group of contracts on the provision of legal services, bilaterality, the possibility of being paid or unpaid, fiduciary and, under certain circumstances, aleatory. [ABSTRACT FROM AUTHOR]

The article examines certain issues of the legal nature of acts of the bar self-government bodies, namely, whether the decision of the Bar Council of Ukraine has the features of a normative act (1), whether the publication of the decision of the Bar Council of Ukraine on the official website of the Ukrainian National Bar Association constitutes bringing it to the attention of the public in accordance with the procedure established by law (2), and whether the decision of the Bar Council of Ukraine on the organizational support of the Unified Register of Advocates of Ukraine determines the constitutional rights and obligations of citizens. The author analyzes the concepts of “normative act”, “regulatory legal act” and “individual legal act”. The author concludes that the Bar Council of Ukraine may adopt both normative (regulatory legal acts) and individual legal acts. The legal nature of a particular act of the Bar Council of Ukraine is determined by its content. The author establishes that the decision of the Bar Council of Ukraine on the organizational support of the Unified Register of Advocates of Ukraine has the features of a normative act. The article examines the procedure for promulgation of regulatory legal acts in Ukraine. The Constitution of Ukraine defines the obligation to publish only legal acts that define the rights and obligations of citizens. This is required to ensure that citizens are aware of their rights and obligations. It is determined that Ukrainian legislation determines the procedure for bringing to the attention of the public only certain legal acts. It is concluded that publication of a decision of the Bar Council of Ukraine on the official website of the Ukrainian National Bar Association is its communication to the public in accordance with the procedure established by law. The author also makes a comparative analysis of the rights and obligations of Ukrainian citizens as defined by the Constitution of Ukraine and the rights and obligations of citizens as defined by the decision of the Bar Council of Ukraine on the Register of Advocates. The author concludes that the decision of the Bar Council of Ukraine on the Unified Register of Advocates does not define the constitutional rights and obligations of citizens. [ABSTRACT FROM AUTHOR]

The article determines that, at first glance, the legal regulation of the activities of an advocate in criminal proceedings is well regulated, complies with international standards and does not require any adjustment. The article determines that, at first glance, the legal regulation of the activities of an advocate in criminal proceedings is sufficiently regulated, complies with international standards and does not require any adjustment. However, as practice shows, many problems arise in the implementation of criminal procedural law based on conflicts and gaps in it. Among them, a major place is occupied by the problems of defense, representation and other types of professional legal assistance to participants in criminal proceedings by an advocate. The article examines the state of legal regulation of participation of an advocate in criminal proceedings to provide professional legal assistance to the participants of such proceedings. The authors analyze the absence of the right of the victim and his/her representative to engage an expert in criminal proceedings on contractual terms, other restrictions on the rights of the victim and his or her representative to collect evidence, the right to review the pre-trial investigation materials before its completion, no right to receive a copy of the notice of suspicion and indictment, no right to file a request to the investigating judge for temporary access to things or documents, as well as the right to appeal against a preventive measure applied to a suspect/accused on the grounds of its leniency, etc. The article also analyzes the rights of a representative of a civil plaintiff or a civil defendant in criminal proceedings in relation to the rights provided for by the Civil Procedure Code of Ukraine, the author draws attention to the need to provide representation for another owner or possessor of property in legal relations regarding the right to file a petition to cancel the arrest of property in whole or in part, and considers the procedural status of a witness’s advocate and a whistleblower’s advocate. The article proposes amendments to the provisions of the Criminal Procedure Code of Ukraine in the context of legal regulation of participation of an advocate in criminal proceedings to provide professional legal assistance to the participants of such proceedings. [ABSTRACT FROM AUTHOR]

The article examines the principle of attorney-client privilege in the system of the principles of the Advocacy and Practice of Law, and also the possibility of using electronic technologies and artificial intelligence by an attorney when providing legal assistance to a client in the context of ensuring compliance with the principle of attorney-client privilege. It is proved that the principles of the advocacy are the central, leading segments of the principles of the Advocacy, but the «principles of organization and operation of the Advocacy» as a legal institution and the «principles of the Practice of Law» on which the professional activities of attorneys-at-law are based can and should be separated from each other . It is established that the general prerequisite for distinguishing any principle of the Practice of Law is its significance, general nature, clarity and comprehensibility. The principle of confidentiality in the practice of law is fundamental since this principle is directly enshrined in Ukrainian legislation. However, in terms of observance of the principle of confidentiality of the Practice of Law, it is required not only from the attorney but also from the client to prevent information leakage to other users when using information technologies. When using the capabilities of artificial intelligence in the provision of legal aid, the author recommends that a separate clause of the contract should be provided for, whether the client allows the attorney to use artificial intelligence technologies in the prov ision of legal aid and to what extent. It is concluded that along with the progress and simplification of procedures, uncontrolled use of artificial intelligence by an attorney-at-law may lead to a violation of the principle of confidentiality of the attorney's practice of law against the will of the attorney-at-law. Under any circumstances, when using artificial intelligence technologies, an attorney-at-law is prohibited from entering any personal data of a client or any other data which may identify the client in order to avoid leakage of confidential information. [ABSTRACT FROM AUTHOR]

The article examines the organizational and legal principles of the advocate's activities in criminal proceedings. The authors noted that a major role in ensuring the rights and freedoms of individuals during criminal proceedings belongs to advocates, who must provide the necessary professional legal assistance to the participants in the process. But high-quality professional legal assistance of an advocate depends on many factors, both subjective and objective. It was determined that the quality of the legal regulation of an advocate's activity in criminal proceedings directly affects him and, secondarily, the person to whom he provides professional legal assistance. When conducting research, the authors take as a basis the fact that the participation of an advocate in criminal proceedings requires the presence of 2 legal statuses: 1) an advocate of Ukraine, 2) the status of a participant in a criminal proceeding (defender or representative). Based on this approach, the collection of evidence by the defense, the right to receive information and copies of documents in the context of maintaining the secrecy of the pretrial investigation, the recusal of other participants in the criminal proceedings in connection with the involvement of a advocate who is related to the participant in the criminal proceedings, the provision of professional of legal assistance by an advocate to persons whose procedural status is not regulated in detail analyzed. Investigating the organizational principles of an advocate's activity in criminal proceedings, the authors drew attention to the role of curfew in a advocate's work, insufficient research into the tactics of a advocate's tactics in criminal proceedings and methods of defense in proceedings regarding a separate category of criminal offenses. Based on the results, a conclusion was formed that among the outlined problems there is a regularity is connected with the fact that the Law of Ukraine "About Advocacy and Advocacy Activities" details separate provisions of the advocate's participation in criminal proceedings, which are not defined by the Criminal Procedure Code of Ukraine, in turn, causes their uneven implementation by the authorized subjects of the CPC of Ukraine. And the research direction of the advocate's participation tactics and methods of defense or representation in certain types of criminal proceedings is recognized as perspective. [ABSTRACT FROM AUTHOR]

The purpose of the article is to analyze the constitutional and sectoral aspects of the realization of the right to free legal aid, to determine the optimal subject of administration of the system of free secondary legal aid in Ukraine. Research methods. The methodological basis of this work is a complex of general scientific and special methods and techniques of scientific knowledge, in particular, dialectical, system-structural, formal-logical, statistical method, as well as methods of modeling, analysis and synthesis, etc. Results and conclusions. According to art. 59 of the Constitution of Ukraine, the Law of Ukraine «On free legal aid», procedural codes and by-laws, an extensive system of free legal aid has been created in Ukraine, including the provision of free primary and secondary legal aid. Despite the harsh conditions of a full-scale war, the free legal aid system has demonstrated institutional stability and an intention to develop and strengthen its human resources. The advocate’s corpus is an advanced vanguard and the basis of the FLA system, which is able to solve difficult professional and ethical issues that arose in connection with the russian military invasion. The realization of the management (administration) function of the FSLA system should be carried out by the Coordination center for legal aid provision. The transfer of this function to the bodies of the Ukrainian national bar association is not justified and carries the risks of reducing the clarity of the distribution of assignments for the provision of FSLA between advocates and payment for their services from the state budget. Many ukrainian advocates have changed ethical approaches to protect those suspected of committing crimes related to facilitating russian military aggression. The main reasons were patriotic beliefs, risks of human condemnation, identification of advocate and client, reputational and moral factors. To increase trust and transparency in the work of the FSLA system, it is advisable to stage the introduction of automated distribution of assignments among advocates based on certain criteria. [ABSTRACT FROM AUTHOR]