Medvidchuk H. Lawyers’ self-governing bodies as participants in administrative and legal relationship: grounds, forms and features of participation.

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0821U100219

Applicant for

Specialization

  • 081 - Право. Право

26-01-2021

Specialized Academic Board

ДФ 26.001.72

Taras Shevchenko National University of Kyiv

Essay

The thesis is one of the first in Ukraine comprehensive scientific research on the participation of bar associations in administrative and legal relationship, which provided insight into the ways to protect (and restore) the rights of subjects of administrative and legal relationship with the participation of lawyers’ self-governing bodies, with the use of modern methods of scientific knowledge, taking into account the achievements of legal science, the possibility of participation of bar self-governing bodies in administrative and legal relationship is substantiated on the basis of the exercise of their power management functions, and also scientifically sound conclusions and scientific and practical recommendations for improving the basis and features of lawyers’ self-governing bodies in administrative and legal relationship have been formulated. The author analyses and improves the concept of self-regulation in the modern doctrine of administrative law. The main historical stages of self-regulation development have been given and characterized, and the signs of self-regulation have been determined. Based on the analysis of Ukrainian legislation, the following fundamental concepts of self-regulation have been identified: balancing state regulation and self-regulation; freedom of self-regulation; equality of self-regulation actors; corporatism; transparency, openness, publicity. The scientific approach to the relationship between self-regulation and related categories, such as self-organization, deregulation, co-regulation and government regulation, has received further development. It has been established that these concepts have both common and distinctive features, which is primarily associated with the legal nature of these phenomena. The thesis formulates the author's definition of “self-regulation” as an integrative process of exercising influence within one actor on the basis of regulated powers enshrined in the Articles of incorporation of the actor and/or other act carried out to effectively implement the functions of a self-regulating actor. The author's definition of the term “lawyers’ self-governing bodies” as an organization of self-regulating professions, whose activity is aimed at realization of effective activity of relevant bodies by members of lawyers’ self-governing bodies, which consists in joint management of lawyers, protection of common interests and case management within the relevant bodies.

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