Derevianko N. Administrative and legal bases of realization of the right to receiving professional legal aid in Ukraine

The dissertation reveals the substantive and essential aspect of the administrative and legal basis for the implementation of the right to receive professional legal assistance in Ukraine by providing a description and generalization of the current state of its implementation, a description of legislative and practical gaps in its administrative and legal support by the state. specific directions and proposals to address the identified problems. It is substantiated that the normative provision of realization of human rights and freedoms has passed conditionally three "generations of rights" and passed to the fourth period, which is characterized by a new worldview - anthropocentrism, as well as a vector to go beyond understanding human rights and freedoms as a purely political and legal phenomenon. transforming them into an eco-socio-humanistic phenomenon with a focus on sustainable and inclusive human development. It was found that in modern conditions the right to receive legal professional assistance is a guarantee of ensuring and realization of all other rights, freedoms and legitimate interests of man and citizen, which has its manifestation in constitutional norms (enshrined in Article 59 of the Constitution of Ukraine), but not has detailed regulations in other legislative acts: in different acts the following terms are used simultaneously: «professional legal assistance» (Constitution of Ukraine), «legal assistance» (CPC, CPC), «legal assistance» (Law of Ukraine «On Free Legal Aid») , which creates legal conflicts and difficulties in ensuring the realization of the right to receive professional legal assistance. The analysis in the field of administrative and legal regulation of the right to receive professional legal assistance in Ukraine made it possible to identify problematic issues that need to be addressed immediately, namely: 1) since 2006 Ukraine has not adopted any program document (Strategy, Concept, National Program, National Action Plan); 2) effective and efficient mechanisms for ensuring state and corporate control over the activities of organizations and persons providing legal assistance have not been created; 3) the procedure for providing free legal aid is established in an act that has no legal force, but is of a recommendatory nature; 4) the procedure itself is overburdened with bureaucratic formalities and is not digitally endorsed; 5) the issue of providing free legal aid to a person who is held administratively liable for committing an administrative offense under the Code of Ukraine on Administrative Offenses has not been resolved.