Historical and legal aspects of payment of payments from income from law activities on the territory of Ukraine

Abstract

: Th is article is devoted to the analysis of historical and legal aspects of payment of income from advocacy in Ukraine. A study of the history of the establishment of such an institution as the bar, the procedure for remuneration for the work of a lawyer, the formation of his income and their legal consolidation. Attention was also paid to the peculiarities of the payment of mandatory fees by bar associations (BA), the formation of the tax burden on income from advocacy. In addition, an analysis of tax legislation and legislation governing the payment of the single social contribution and other mandatory payments. Using the method of analysis and synthesis, ten stages of the formation of the bar, which directly aff ected the forms and types of income from advocacy and the enshrinement in law of mandatory payments for these activities and their compatibility with income. It is determined that the fi rst stage of such formation occurred in 1917–1918, when lawyers began to receive income from their professional activities; second stage (1918–1919) – the income of a lawyer in the boards was in the form of wages; the third stage (1919–1922) – creation of legislative bases of taxation of lawyer’s activity; the fourth stage (1922–1929) – the transition of the Ukrainian Bar (UB) to collective forms of work; the fi ft h stage (1929–1931) – the abolition of private practice; the sixth stage (1931–1932) – the bit-share form of payment of work of lawyers is formed; the seventh stage (1932–1960) – introduction of the system of self-fi nancing; the eighth stage (1960–1980) – change of understanding and concept of activity of lawyers; ninth stage (1980–1991) – lawyers are exempt from taxation; the tenth stage – since 1991, the formation of the legislation of independent Ukraine, diff erent approaches to the taxation of income from advocacy, which depends on the choice of lawyers appropriate system of taxation and form of advocacy, as well as excessive tax pressure.