TO THE QUESTION FOR ATTRIBUTES OF THE GUARANTEE OF ADVOCACY ACTIVITY
Journal Title: Юридичний бюлетень - Year 2018, Vol 7, Issue 1
Abstract
The article investigates the theoretical and legal principles of the functioning of the system of guarantees of advocacy, clarifies the concept and highlights the characteristics of guarantees of advocacy. It is noted that in the scientific literature there is no unambiguous and exhaustive list of signs of guarantees of advocacy. Along with the evidence in the scientific literature of guarantees of advocacy (political significance, general character, expressiveness in law, focus on achieving the realization of some kind of interest, protection of interest from encroachments on it, assistance in the elimination of encroachments and their negative consequences, the presence of a clearly defined subject and clearly expressed direction of influence), the following are highlighted: efficiency and effectiveness, historical conditionality, universal acceptance, universality. The requirements for the implementation of guarantees for advocacy are formulated: a) the qualitative component of the legal acts, consists in their consistency with each other regarding the definition of the circle of professional rights of lawyers and the definition of the mechanism for its implementation; b) the existence of a mechanism to ensure strict compliance with legal requirements to ensure the guarantees of the practice of advocacy by all state and non-state actors; c) ensuring the principle of inevitability of liability for violation of the guarantees of advocacy, for example, interference with and obstacles to the practice of lawyers, requiring a lawyer to provide information, is a lawyer's secret and the like.
Authors and Affiliations
Олександр Олександрович Козлов
Keywords
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