The dissertation provides a theoretical generalization and solution to a scientific problem, which is to determine the theoretical and applied foundations of administrative and legal support for the reform of the bar in Ukraine and the formation of directions for improvement in this area.
It has been established that the bar is an independent self-governing institution of the legal system that defends public and private interests. Relations related to the functioning of the bar are regulated by a set of legal norms of different branches (require complex legal regulation by norms of such branches of law as constitutional, administrative, criminal, civil, economic, procedural, international). The bar as a self-governing institution of the legal system unites lawyers within the organizational forms of advocacy and advocacy self-governance to ensure quality standards of professional legal assistance.
The genesis of the reform of the Ukrainian Bar Association is characterized and defined periodization of the reform of the legal profession on the territory of Ukraine.
Administrative and legal support of the reform of the bar is defined as the activity of state-authorized entities, which is aimed at introducing a systematic approach to the improvement of the bar institute in Ukraine. The content of the administrative and legal provision of the reform of the bar is the goal, subject, object and means of its implementation. The goal of administrative and legal support for the reform of the bar is to create an effective model of the bar institute in Ukraine. The object of administrative and legal support for the reform of the bar is regulatory and legal acts regulating relations in the sphere of organization and activity of the bar of Ukraine. The competent institutions authorized by the state are the subject of administrative and legal support of the reform of the bar. The means of implementing the administrative and legal support of the reform of the bar are organizational and legal measures that ensure the achievement of the goal of the administrative and legal support of the reform of the bar.
Subjects of administrative and administrative support for the implementation of the reform of the bar of Ukraine are proposed to mean institutions (state authorities, state institutions, local government bodies, the bar in the person of the self-governing bodies of the bar, public organizations, international organizations) whose activities are related to the reform of the bar.
Under the interaction of public authorities and the legal profession, it is proposed to understand agreed and coordinated activities regarding the joint solution of tasks in the field of ensuring the rights, freedoms and legitimate interests of individuals and legal entities. The areas of interaction between public authorities and advocacy are defined as follows: 1) participation in the discussion of draft laws in the field of advocacy and advocacy and protection of human rights, freedoms and legitimate interests; 2) cooperation in the field of protection of human rights, freedoms and legitimate interests, depending on the competence of a specific public authority; 3) participation in prevention of violation of human rights, freedoms and legitimate interests; 4) participation in the formation of public authorities.
The organizational and legal principles of activity and reform of the legal profession in foreign countries are analyzed. The areas of improvement of the administrative and legal support of the reform of the Ukrainian bar are differentiated into the following: institutional, competence, substantive, material. It was established that the areas and sub-areas of improving the administrative and legal support of the reform of the bar of Ukraine should be provided in a document jointly developed by the bar and public authorities (Concept of reform of the bar of Ukraine), which will be approved by the Decree of the President of Ukraine. Their implementation will contribute to the creation of an optimal and effective model of the legal profession of Ukraine.
