The dissertation on competition of a scientific degree of the doctor of philosophy on a specialty 081 – Law. – National University «Odessa Law Academy», Odessa, 2021.
The organization of high-quality and effective legal activity in the state is a reflection of the high level of legal culture of society. One of the most important types of legal activity is advocacy. As a key institution of the human rights system, the bar is a guarantor of ensuring the proper level of implementation and protection of the rights and freedoms of legal entities.
Analysis of the basic principles, approaches and methods of research of theoretical principles of legal technologies of advocacy activity indicates that modern scientific developments should be carried out taking into account the diversity of legal phenomena and processes, traditions and innovations, including in the field of methodological tools used to reveal established tasks. This pluralism of methodological tools is the basic basis for obtaining comprehensive information on advocacy, prospects for its development and improvement, taking into account the peculiarities of its organization in both domestic and other legal systems.
Analyzing the methodological foundations of legal technologies for advocacy, the principles of advocacy were identified and studied. Advocacy is a special type of legal activity in which morality, ethics and law are most closely linked. Advocacy, in essence, is based on the permissive type of legal regulation. It is in the process of a lawyer's professional activity that the key postulates of human rights, the rule of law and legal activity are expressed.
Along with this, the principles of organization and activity of the bar, we must comprehend in various aspects, both organizational and functional. In the latter case, there is a need to highlight the principles of the bar as a special institution of human rights activities directly related to the provision of qualified legal assistance.
In turn, we can state that the principles of organization of advocacy are enshrined in various social norms, both legal and moral, ethical, and so on.
The rules of lawyer's ethics contain the basic principles, through the prism of which the professional activity of any lawyer should be carried out. Such principles of lawyer ethics are: 1) independence and freedom of a lawyer in practicing law; 2) compliance with the law; 3) the priority of the client's interests; 4) inadmissibility of conflict of interests; 5) confidentiality; 6) competence and integrity; 7) respect for the legal profession; 8) requirements for advertising advocacy; 9) honesty and good reputation of the lawyer.
The general characteristic of the specified principles is that their maintenance is projected from the text of the corresponding social norm being, as a matter of fact, "dissolved" in it. These principles are potential provisions that permeate not only the matter of norms, defining the basic principles of advocacy, but also reflect the real interests of society.
