Zakharov A. Administrative procedures in advocacy

The dissertation provides a theoretical generalization of administrative procedures in advocacy. Advocacy as an object of administrative and legal research is studied; concepts and features of administrative procedures in advocacy; legal principles of administrative procedures in advocacy; and principles of administrative procedures in advocacy: concept, classification, content. The types of administrative procedures in advocacy are clarified; established administrative procedures for acquiring the right to practice law; administrative procedures for the organization and procedure of the lawyer’s internship and administrative procedures for bringing a lawyer to disciplinary responsibility are defined. It is determined that in order to improve the quality of administrative procedures in advocacy, as well as to determine the sequence and timing of actions (administrative procedures), forms of control over the implementation of technical regulations, appeals procedures, actions (inaction) of the body (officials) carry out administrative procedures, it is advisable to introduce a simplified procedure for judicial appeal of the results of law enforcement activities of authorized authorities. The following directions of development of advocacy activity are singled out as: modernization of the domestic legal system in the sphere of advocacy activity due to the implementation of international norms in the Ukrainian legal base; the adoption of the new Criminal Procedure Code requires a revision of all procedural legislation in the direction of increasing guarantees of the bar, ensuring and maintaining guarantees of independence of lawyers in the exercise of their powers; improvement of corporate domestic norms towards the formation of an independent, autonomous and unified system of bar associations of Ukraine. It is concluded that in different foreign countries there are different ideas about the extent to which lawyers can combine their profession with other professions. In some countries it is strictly forbidden to engage in certain activities, including business, as well as to hold certain positions (France), while in others the combination of legal practice with commercial activity is possible subject to established rules due to the need to maintain independent legal status (Germany). It is concluded that in different foreign countries there are different ideas about the extent to which lawyers can combine their profession with other professions. In some countries it is strictly forbidden to engage in certain activities, including business, as well as to hold certain positions (France), while in others the combination of legal practice with commercial activity is possible subject to established rules due to the need to maintain independent legal status (Germany). It is proposed in the Law “On Advocacy and Advocacy Activity” to establish the following definition: by law or norms of lawyer’s ethics of measures of disciplinary influence in the order established by the law "and to define that both basic, and additional disciplinary penalties can be applied to lawyers".