Krushnitska O.V. Constitutional right to professional legal assistance. - Qualifying scientific work under the rights of the manuscript.
The dissertation on competition of the degree of the Doctor of Philosophy in the field of knowledge 08 Law in the specialty 081 Law. - Chernivtsi National University named after Yurii Fedkovych, Chernivtsi, 2021.
The dissertation is devoted to the complex analysis of the constitutional right to professional legal assistance, where the key problems are analyzed, and the ways of their solution are proposed. The offers to the improvement of the Ukrainian legislation are developed.
The definition and essential features of the constitutional right to professional legal assistance are formulated. It is concluded that the right to professional legal assistance should be considered as an independent and comprehensive constitutional right, which is not subject to restrictions, as a constitutional guarantee and a way to protect other rights, freedoms and legitimate interests, as the basis of the constitutional order of Ukraine. The right to professional legal assistance is a constitutionally guaranteed opportunity for everyone to choose and receive effective protection of rights, freedoms and legal interests. Exclusive criteria for the professionalism of legal assistance cannot be clearly defined by law, but they are partially disclosed in the Decisions of the Constitutional Court of Ukraine. The peculiarity of the right to professional legal assistance lies in the fact that it is an integral part of the mechanism of realization, guarantee and protection of human and civil rights and freedoms. In other words, it is directly related to the effectiveness and quality of other human rights, freedoms and legal interests, it is their unconditional guarantee. The constitutional right to receive professional legal assistance has the same content for all persons, but special guarantees of its use (free legal assistance) may be established for certain categories of people. The legal nature of the constitutional right to professional legal assistance has a constitutional guarantee and in the normative sense combines substantive and procedural principles. In our opinion, the constitutional right to professional legal assistance should be considered as a constitutional procedural right-guarantee. The structure of the constitutional right to professional legal assistance is complex and includes: the right to apply for professional legal assistance to the appropriate subject, the right to demand timely, high-quality and effective professional legal assistance, the right to demand protection of violated rights.
Theoretical and methodological bases of research of the constitutional right to professional legal assistance are revealed. The national and international conditions for obtaining the status of a lawyer as a professional subject of qualified legal assistance have been studied. The specialization of a lawyer as a basis of qualified legal assistance is considered and the prospects of its introduction in Ukraine are revealed. It is established that the specialization of a lawyer is an important guarantee of compliance with the law, which creates an opportunity to resolve legal disputes properly and competently, as well as to verify the legality and validity of legal decisions. The ways of improving professional representation in constitutional proceedings are substantiated and suggested. The protection of a person as a type of professional legal assistance in criminal proceedings has been studied. The peculiarities of professional representation in the European Court of Human Rights have been clarified. Further to the study, number of proposals to improve the legislation of Ukraine were formulated.
Key words: constitutional right to professional legal assistance; Human Rights; guarantees of human and civil rights and freedoms; professional legal assistance; advocacy; lawyer.
