Bochuliak N. Advocate self-government in the context of modern worldviews

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0420U100474

Applicant for

Specialization

  • 12.00.12 - Філософія права

04-03-2020

Specialized Academic Board

К 70.895.02

Khmelnytsky university of management and law Leonid Yuzkov

Essay

For the first time, a dissertation study carried out a comprehensive theoretical generalization and proposed a solution to the scientific problem in the field of advocate self-government in the context of modern ideological guidelines. The legal models for the organization of advocate self-government are defined: isolation, etatism, commercial and social. It is indicated that the moral imperatives of the activities of advocate self-government in Ukraine are enshrined in a profile normative legal act - the Rules of Advocacy Ethics, among them: the principle of independence and freedom of an advocate in the practice of advocacy; compliance with the rule of law; the principle of dominance of customer interests; principle of inadmissibility of conflict of interest; confidentiality principle; The principle of competence and integrity; the principle of respect for the legal profession, as well as individual requirements for the promotion of the legal profession. Despite the thorough legislative consolidation of the content of a number of moral and ethical principles for the implementation of advocate self-government in Ukraine, now the national legislation does not really have an appropriate mechanism for their implementation. It is proved that the development of such a mechanism and its legislative consolidation by improving legislative standards in the field of the functioning of advocate self-government are identified as priority tasks for further research. A generalization of the philosophical understanding of the moral imperatives of advocate self-government will present a reflection of certain values (the philosophy of a lawyer) – both individual and institutional.

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