BASIC ORGANIZATIONAL AND FUNCTIONAL PRINCIPLES OF ADVOCACY (IN ACCORDANCE WITH THE LAW OF UKRAINE “ON THE BAR AND PRACTICE OF LAW”)
Journal Title: Юридичний бюлетень - Year 2018, Vol 8, Issue
Abstract
In the article the author, based on the analysis of the norms of the current legislation regulating the activity of the bar institute, outlines the main organizational and functional principles of the advocacy activity, in particular the principles of independence, confidentiality, avoidance of conflict of interests and the principle of territoriality, their content is disclosed, as well as features specific to this type of principles. It is determined that the content of the principle of confidentiality, first of all, is the duty of the lawyer of his assistant, trainee or other person connected with the first employment relationship not to disclose the information specified by the legislation as not subject to disclosure in the process of lawyer activity, as well as the right of the person to give written consent to the possibility of disclosure of such information. The peculiarities of organizational and functional principles of lawyer activity are defined, namely: they have an external form of principles, less certain individual rules (for example, the principle of territoriality, which is not directly enshrined in the law); contain the basic ideas, ideas, values formed in society and embodied in the legal system of the state and are characteristic for the national institute of advocacy; have documentary, in particular, normative fixing, mainly in the basic legal acts in the field of advocacy; are characterized by specificity, since they contain clear rules and requirements for advocacy; have normative consolidation in specific normative-legal acts; is realized not only by lawyers but also by other persons – his assistant, trainee, partners and other persons who are a lawyer in labor relations; determine the basic principles and directions of the advocacy activity, which consists in: providing legal advice; implementation of legal support; the representation of individuals, the protection of their rights, freedoms and interests; solving a number of organizational, functional, moral and ethical issues that arise in the process of implementing their professional activities; directly related to the professional activity of the lawyer, since the latter is very close in its content to the lawyer’s activities.
Authors and Affiliations
Емін Муса-огли Наджафлі
Keywords
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