The dissertation research is devoted to a complex comparative legal study of acquiring the status of an advocate in Ukraine and in the other post - Soviet countries. The conducted research allowed to substantiate and formulate a number of scientific proposals and practical recommendations aimed at improving the procedure for obtaining the status of an advocate in Ukraine, taking into account the experience of post-Soviet countries.
It is established that the legislation on the bar and practice of law in terms of determining the procedure for obtaining the status of an advocate in Ukraine and post-Soviet countries has many common features, due to the common historical roots and ways of evolution, but at the same time found that these countries have significant differences in the conditions and procedure for acquiring the status of an advocate.
It is determined that the acquisition of the status of an advocate – is a normatively regulated set of consistent actions, that allow a person to access the legal profession on the basis of legality, independence, equality and non-discrimination, in compliance with legal ethics, accessibility, transparency and openness and include checking the compliance of a person, who has expressed an intention to practice law, with the requirements for an ladvocate, determining the level of theoretical knowledge and practical skills of the applicant, reviewing materials and deciding on the issuance of a document certifying the right to practice law.
On the basis of a comparative analysis of the procedure for acquiring the status of an advocate in the post-Soviet countries, it is proposed to enshrine at the legislative level that the acquisition of the status of an advocate is carried out on the principles of legality; independence; equality and non-discrimination; compliance with legal ethics; professionalism and competence; accessibility; specialization; transparency and openness.
The necessity of introduction of the management system of the electronic office of the candidate for the status of an advocate by creation of the corresponding resource on the official site of NAAU is proved. It is determined that a person who has expressed a desire to acquire the status of an advocate applies for admission to the qualification assessment through the web portal and provides the relevant documents in the form of an electronic document signed with an electronic digital signature.
It is proposed on the official website of the National Bar Association of Ukraine in the section on access to the legal profession in the tab "Career Center" to create a personal account for persons who wish to acquire the status of an advocate with the possibility of submitting documents for admission to qualification assessment and monitoring documents.
To increase the level of training of future advocates, it is proposed to provide a qualification assessment, the components of which are to determine the selection and qualification exam, with a selection exam in the form of anonymous computer testing, which will test the level of general theoretical knowledge of law moral and psychological qualities, which will take place on the basis of publicity, transparency, openness and equality with mandatory online broadcasting and video recording with a certain shelf life of video, which may be admissible evidence in case of appeal against the test results.
Exemption from the qualifying examination will be subject to persons who have passed a single state qualifying examination in law during higher education or persons who have at least five years of experience as a judge or prosecutor, or a degree in law.
It is proposed to conduct the internship after passing the selection exam in the form of anonymous computer testing. The necessity of conducting an internship in the form of professional adaptation of the applicant, which provides a theoretical and practical component, is proved. As for the practical part of the internship, it is proposed to dismiss persons who have more than five years of experience as judges and prosecutors, provided that the theoretical course of the internship is successfully completed.
It is determined that the issue of issuing a document on the right to practice law in Ukraine is the most democratic and independent of the state, which is explained by the real independence of the Ukrainian Bar as a non-governmental institution, the formation of which public authorities have little influence.
Amendments and additions to legislative and by-laws are proposed, which determine the procedure for obtaining the status of an advocate in Ukraine.
