The thesis is devoted to the formation of the doctrinal model of advocacy, based on the ideal standards of organization and professional activity of this institute.
The novelty of scientific principles and results of this study lies in the fact that this dissertation is the first comprehensive comparative-legal study in the Ukrainian legal science field, which is devoted to the formulation of the doctrinal standards of organization and professional activity of advocacy institute, based on the sustainable similarities and variative differences of modern legal systems, national traditions of professional legal communities in the countries with Common and Civil law systems, on universal and regional provisions of international legal instruments, the case-law of the European Court of Human Rights and the Court of Justice of the European Union.
It is determined that the standards of organization and professional activity of the advocacy – are the reference legal model of formation and functioning of the advocacy institute, of the requirements to the qualification level, professional and personal conduct of a lawyer, which is based on achievements of national advocacy science, national traditions and the best world practices of this professional activity, as well as norms and rules enshrined in the international, regional and national legal acts.
According to the results of scientific research, the essential universal features of the standards of organization and professional activity of advocacy were defined, which are specific for the both – active normative instruments, and to the standards, which are in the process of legitimization. First, it is noted that, they are a system of rules that set a typical pattern (i. e. the legal model) of the formation and functioning of advocacy, qualifications, professional and personal conduct of a lawyer and reflect the features of advocacy activity. Second, advocacy standards are based on generally recognized values of advocacy activities enshrined in the international, regional and national legal acts human rights protection advocacy activities, respect for justice, sense of solidarity, special lawyer way of thinking, belonging of advocacy to civil society institutions, accounting for changes and additions to legislation and fluctuations of the investigative and judicial practice in legal activity. Third, the standards of organization and professional activity of advocacy are based on customs and traditions, which have developed during the centuries of advocacy activities.
A new sub-branch – advocacy standardology – was singled out in the thesis within the framework of the advocacy science. There is a strong view on the fact that advocacy standardology is an important direction of national legal practice, aimed at creating the best reference model of organization and professional activity for individual attorneys as well as advocate associations, unions and for the advocacy institute as a whole.
The study has found that the advocacy standardology is operated by the specific comparative-legal method, which allows for the comparison of common and different organization standards and professional advocacy activities in different countries, and unifies the best world experience of the advocacy institute in order to simulate its ideal state.
It is determined that the standards of organization and professional activity of the advocacy – are the reference legal model of formation and functioning of the advocacy institute, of the requirements to the qualification level, professional and personal conduct of a lawyer, which is based on achievements of national advocacy science, national traditions and the best world practices of this professional activity, as well as norms and rules enshrined in the international, regional and national legal acts.
It has been proven that advocacy standards of organization and professional activity can be divided into international, regional and national ones, based on the territorial principle.
The study has proven that the standards of organization and activity of the advocacy operate within the system.
Based on the results of scientific research the categories “standards of organization and professional activity of advocacy” and “advocacy principles” were separated.
In addition, it is alleged that the standards of organization and professional activity of advocacy are inseparably connected with the process of their foundation, in other words – with standardization.
