Modern constitutional and legislative formalization of the status of advocacy in the former Soviet states

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Purpose: To study the modern constitutional, legal and legislative status of the advocacy in the states that were formerly part of the USSR. Methodology: The methods of structural and functional analysis, the system method, the formal legal method, the comparative method, the retrospective method, the method of studying documents, the method of observation were used. Results: The common features of a number of constitutions of the states that were formerly part of the USSR are showing that the constitutional legal status of the advocacy is defined as the status of an institution participating in the administration of justice. The existence of advocacy as a community is declared, the purpose of its activity is determined, a reference is made to regulation of the organization and activities of the advocacy legislation. An analysis of a number of constitutional acts revealed the following properties, signs and circumstances that need to be addressed in the framework of this study. Professional legal assistance is the goal of the advocacy. The establishment of guarantees of the independence of the advocacy is declared, as well as a «monopoly» of advocacy in relation to defense in criminal matters. The thesis on the unhindered exercise of the rights of the advocate and securing their rights to self-organize is also present, as well as ban on the obstruction of legal assistance. Among the purpose, goals and objectives of the activities of the legal profession, the legislation indicates in particular that advocacy serves the principles of legality, justice and humanism through the implementation of professional human rights activities within the framework of providing qualified legal assistance to individuals and legal entities, during which their rights, freedoms and legitimate interests are protected. The advocacy also clarifies legislation and provides legal education of citizens. It is also noted that the advocacy is defined as a self-governing, voluntary professional public association; an institution of civil society not included in the system of state bodies and local self-government bodies. The rights, duties and responsibilities of the advocates are determined by law. The advocacy acts to organize the provision of legal services in private and public interests, and also protects the professional rights of advocates. Novelty/originality/value: The article have a scientific value, since it is one of the first modern attempts to study the modern constitutional and legislative formalization of the status of the advocacy in the states of the former USSR and its reflection in the legislation.


Advocacy, advocate, foreign eraft

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IDR: 140257907   |   DOI: 10.52068/2304-9839_2021_50_1_24

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