On revocation of the lawyer’s monopoly through introducing the professional institution of legal advisers

Abstract

Th e article studies the legal nature of the introduction of the lawyer’s monopoly in Ukraine. Th e author notes the introduction of the lawyer’s monopoly in Ukraine had to take four steps. However, at the last stage of the introduction of the lawyer’s monopoly, the legislator amended the procedural codes regulating the course of civil, commercial, and administrative proceedings. With these changes, the legislator expanded the concept “self-representation” by substituting the concept of “representation”. In addition, the legislator brought in a draft to revoke the lawyer’s monopoly which was approved by the Constitutional Court of Ukraine. Th e scientist states that the relevant strategy of abolishing the lawyer’s monopoly is not a positive phenomenon. Th e introduction of court representation of citizens, business entities, state bodies, central and local authorities by a professional institute of advocacy is an upside in reforming the Ukrainian legal system. However, according to the author, the profession of a lawyer is primarily aimed at providing defense in criminal proceedings or when bringing to administrative responsibility or considering a case of an administrative off ense. At the same time, the scientist marks that the reversion to the previous wording of Article 131-2 of the Constitution of Ukraine is inadmissible since the provision of legal services in Ukraine should be carried out professionally. Aft er analyzing the legislation of the Republic of Poland, the author has concluded that lawyers and legal advisers, who carry out practical legal activities on a professional basis and permits, provide the public with legal aid. However, the only diff erence between a lawyer and a legal adviser in the Republic of Poland is that the latter cannot provide legal assistance in 1 Postgraduate Student at the Department of Commercial and Administrative Law, Vasyl Stus Donetsk National University, riabov.d@donnu.edu.ua, ORCID: orcid.org/00000003-3864-4859.