Biryukova A. The legal status of an advocate and advocacy: a domestic model in the context of globalization

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0519U000145

Applicant for

Specialization

  • 12.00.10 - Судоустрій; прокуратура та адвокатура

28-02-2019

Specialized Academic Board

Д 26.001.05

Taras Shevchenko National University of Kyiv

Essay

The dissertation analyzes the legal status of an advocate and advocacy in the context of globalization processes. Author characterizes the globalization as a phenomenon inherent in the present stage of social development, taking into consideration the multiple theoretical concepts concerning its nature. The tendencies of legal globalization which have caused the transformation of domestic advocacy (universalization, legalization of social relations, humanization of law, erasing borders between public and private, politicization of legal institutes) were determined. The ways of globalization are explored, and on this basis the conclusion about the development of domestic advocacy through unification and standardization in the conditions of globalization is made. The functions of international standards of organization of the advocacy (signaling, values setting, restraining, auxiliary, integrating, stimulating, communicative) are determined. The genesis of advocacy is analyzed and its stages are distinguished. The attention was paid to the analysis of the legal nature of the lawyer in the conditions of globalization, its polysystem nature is argued, and the position on the dominance of its public component has been developed. The lawyer is described as a communicative phenomenon.

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