Vilchyk T. Advocacy as the realization institution of the legal aid right: the comparative legal analysis of the legislation of the European Union countries and Ukraine.

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0516U000541

Applicant for

Specialization

  • 12.00.10 - Судоустрій; прокуратура та адвокатура

08-06-2016

Specialized Academic Board

Д 64.086.03

Yaroslav Mudryi National law university

Essay

A comprehensive study of theoretical and applied problems related to the legal regulation and functioning of the legal profession in European Union countries and in Ukraine is carried out in the work. There was the concept proposed, according to which the legal profession must become one of the leading structures in the mechanism of the human rights protection, able to monitor effectively the adherence of the rights and legal interests of an individual by public authorities; a new status of the advocacy institution is determined, its goals and functions at the present stage; the interaction between the state authority bodies and the institution of the civil society is investigated; the existence of the legal lawyer's aid institution. The classification models of the right implementation on a legal aid by the advocacy in the EU countries were developed; the typical interpretation concepts of the scope of the public authorities functions in the part of guaranteeing and providing a free legal aid were distinguished; the need in legal confirmation of a number of provisions aimed at improving the mechanisms of the rights implementation of an individual for legal assistance was determined; new considered the relationship between the legal profession and the judiciary was newly observed and the nature of the duties of a lawyer in court was defined.

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