Broda A. Legal assistance of the lawyer in the administrative process

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0419U002224

Applicant for

Specialization

  • 12.00.07 - Адміністративне право і процес; фінансове право; інформаційне право

04-04-2019

Specialized Academic Board

К 26.006.09

Kyiv National Economics University named after Vadym Hetman

Essay

The complex and systematic study of limitations in administrative law is carried out in the dissertation. It is asserted that legal assistance in the administrative process is a professional, targeted assistance provided by a lawyer or other specialist in the field of law in the administrative process when administrative legal relations arise both on a paid basis and on a royalty-free basis in order to protect their rights and freedoms, their restoration in case of violation by a subject of public administration on the basis of his decisions, actions or inaction during the realization of his authorities. It is determined that the right to legal assistance in the administrative process is the right of a person guaranteed by the Constitution of Ukraine in order to receive legal information, consultations and explanations on legal issues, obtaining proper legal support of the activity of legal and natural persons, public administration bodies, assistance in compiling applications, complaints, procedural and other documents of a legal nature, as well as legal services of a representative nature. While the right to legal protection in the administrative process is the right of a person guaranteed by the Constitution of Ukraine to protect his rights, freedoms and legitimate interests, representation of the interests of the victim in the course of consideration of the case on an administrative offense, representation of the interests of individuals and legal persons in the courts during administrative judicial proceedings, as well as in other bodies of public administration, to individuals and legal entities. The following types of legal assistance of the lawyer in the administrative process are distinguished: 1) protection is a form of advocacy to ensure the protection of the rights, freedoms and legitimate interests of the person in respect of which enforcement of compulsory measures of a medical or educational nature is foreseen, the person in respect of whom the issue of extradition to a foreign state is considered. As well as a person who is being brought to administrative liability during the consideration of a case concerning an administrative offense; 2) representation is a type of advocacy which ensures the implementation of the rights and obligations of a client in civil, economic, administrative and constitutional proceedings, other state bodies, to individuals and legal entities, the rights and obligations of the victim in the consideration of cases administrative offenses;3) other types of legal assistance are the types of lawyer's activities on the provision of legal information, advice and clarification on legal issues, legal support of the client's activities, making of applications, complaints, procedural and other documents of a legal nature, aimed at ensuring the realization of rights, freedoms and legitimate interests of aclient, prevention of their violations, and also assistance in their restoration in case of violation.

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