Slyva L. Advisory work of an attorney in cases arising from administrative legal relations

The Thesis formulates the scientific novelty of the results, which consists in the fact that the Thesis is one of the first comprehensive research in the field of legal advisory work in certain types of legal relations. The research proposes the author's approach to the theoretical definition of the concept of advisory work of an attorney and related concepts and formulates a system of methods of advisory work of an attorney, which includes methods of collecting information on the case, methods of assessing the circumstances of the case and legal framework. For the first time the concept of the system of tactics of an attorney during counseling of a client in case of choosing an out-of-court or court method of settling an administrative dispute was developed and theoretically substantiated the attorney's use of counseling strategies in certain categories of administrative disputes. information. In the research on the basis of theoretical achievements and normative provisions the concept of consultative work of the attorney and it`s legal nature is studied; the conceptual-categorical device is formed. The concepts of "advisory work", "counseling" and "consultation" are revealed. Special attention is paid to the distinction between consultative work and related concepts. In particular, attention is paid to the distinction between this concept and "provision of legal information", "clarification of legal issues" and "legal support". The methodology of attorney 's advisory work is also analyzed and the methods inherent in an attorney 's advisory work are grouped together. In particular, it is proposed to allocate a methodology for collecting information on the case; assessment of the circumstances of the case and the legal framework and the formation of a legal position in the case. Among the methods of collecting information on the case, it is proposed to consider such methods as: psychological; analysis; synthesis and axiomatic synthesis. Among the methods of assessing the circumstances of the case and the regulatory framework are considered such methods as: grouping; formal-logical; generalization; analogies; interpretation; prognostication; systemic; structural; comparison and behavioral. The methods of forming a legal position are proposed to include: the method of legal modeling; induction; deductions; hypothetical-deductive; formalization; description and special legal method. It is emphasized that their use contributes to the realization of the purpose of counseling. The tactics and strategies of the attorney r's advisory work are considered and their author's definitions are offered. The peculiarities of the strategy and tactics of the attorney 's advisory work in choosing out-of-court and judicial options for resolving a legal conflict are analyzed. The position on the possibility of introducing a mediation procedure in order to resolve legal conflicts that arise with public authorities is supported. Additionally, the position on the possibility of participation of an attorney as a mediator in the process of resolving this legal conflict is substantiated.