Kosenko M. The organizational and legal bases of the activity of Qualifications and Disciplinary Commission of Advocacy.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0414U000756

Applicant for

Specialization

  • 12.00.10 - Судоустрій; прокуратура та адвокатура

26-03-2014

Specialized Academic Board

К 26.122.01

The Academy of Advocacy of Ukraine

Essay

Dissertation is the first complex scientific research of the theoretical principles of organization and activity of QDCA. In this paper the major historical stages of the development of advocacy by the degree of its corporate independence and self-government are identified and reviewed. The place of QDCA in the system of subjects of management of the advocacy is defined. Its principles, functions and powers are described. Theoretical approaches to the optimal organizational structure of QDCA as the subject of management of the advocacy are examined. The legal status of the chairman and the members of QDCA is investigated and the theoretical and practical suggestions aimed at improvement of the organization of their activities as a part of this commission are formed. The main areas of the formation of professional advocacy of Ukraine with the participation of QDCA are characterized by the procedure of careful preparation and selection of people who intend to engage in advocacy and by the participation in professional development of practicing lawyers. The suggestion for determining of QDCA as the authority of advocacy self-government, which is to control and supervise the professional activities of lawyers, is formulated. The suggestions for improvement of the system of legal rules that regulate the stimulation of the professional activity of lawyers and the procedure for bringing them to disciplinary liability were formed.

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