Khmelevska N. Theoretical and regulatory-applied framework of providing legal aid by advocate in Ukraine.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0413U005675

Applicant for

Specialization

  • 12.00.10 - Судоустрій; прокуратура та адвокатура

08-10-2013

Specialized Academic Board

К 26.122.01

The Academy of Advocacy of Ukraine

Essay

Theoretical pre-conditions of providing legal aid by advocate in Ukraine are extended: the sphere of granting of legal aid to individuals - enterprises and legal entities is spread by drawing exact constitutional status of individual. While establishing interconnection between legal and juridical aid and their delimitation shows the criteria requirements of legal aid: the necessity of jurisprudence and direction; the tendency of development of legal aid by advocate in Ukraine is offered; the theoretical and practical basis are determined, the recommendations of strengthening of juridical guarantees to provide legal aid are given. New direction of development of theoretical bases and applied tendencies of providing of legal aid by advocate in Ukraine is offered - it is forming of strategy and tactic to provide legal aid by advocate. Conceptual principles of forming strategy to provide legal aid by advocate which are based on suggestions to form integral hierarchical system of strategies are developed: these are the general strategies to provide legal aid, strategies in the sphere of granting legal aid and individual strategies to provide legal aid by advocate. The applied bases are worked out and practical directions of such strategies are shown. The theoretical proofs are adduced, the applied elements of forming tactics to give legal aid by advocate, which corresponds to the strategy and its structure are developed.

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