Legal guarantees of lawyers’activities with respect to the provision of free secondary legal aid in the administrative court system

IF 0.7

Cuestiones Politicas Pub Date : 2023-05-28 DOI:10.46398/cuestpol.4177.21

S. Shatrava, Serhii Vylkov, Ye.Yu. Sobol, N. Maksymenko, I. Zelenko

{"title":"Legal guarantees of lawyers’activities with respect to the provision of free secondary legal aid in the administrative court system","authors":"S. Shatrava, Serhii Vylkov, Ye.Yu. Sobol, N. Maksymenko, I. Zelenko","doi":"10.46398/cuestpol.4177.21","DOIUrl":null,"url":null,"abstract":"The research was aimed at ascertaining the content of legal guarantees of the lawyer's activity in terms of rendering free secondary legal aid in administrative proceedings. With the help of general and special methods and cognition, it has been shown that the legal guarantees of a lawyer's activity as a subject of rendering free secondary legal aid have the following characteristics: 1) guarantee the freedom, without hindrance, of the exercise of the rights attributed to the lawyer and the due fulfillment of the duties attributed to the obligations; 2) the set of means, modalities and conditions that make up the content of the guarantees are always set at the appropriate regulatory and legal level; 3) they begin to operate after the occurrence of legal events that are related to the acquisition of special rights and obligations by the lawyer, and; 4) it is a component of the more general legal category \"guarantee of defense\". By way of conclusion, we can state that the legal guarantees of the lawyer's activity depend for their success on several factors: institutional, legal and contextual, which require particular treatment by future research.","PeriodicalId":40854,"journal":{"name":"Cuestiones Politicas","volume":null,"pages":null},"PeriodicalIF":0.7000,"publicationDate":"2023-05-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"2","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Cuestiones Politicas","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.46398/cuestpol.4177.21","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}

引用次数: 2

Abstract

The research was aimed at ascertaining the content of legal guarantees of the lawyer's activity in terms of rendering free secondary legal aid in administrative proceedings. With the help of general and special methods and cognition, it has been shown that the legal guarantees of a lawyer's activity as a subject of rendering free secondary legal aid have the following characteristics: 1) guarantee the freedom, without hindrance, of the exercise of the rights attributed to the lawyer and the due fulfillment of the duties attributed to the obligations; 2) the set of means, modalities and conditions that make up the content of the guarantees are always set at the appropriate regulatory and legal level; 3) they begin to operate after the occurrence of legal events that are related to the acquisition of special rights and obligations by the lawyer, and; 4) it is a component of the more general legal category "guarantee of defense". By way of conclusion, we can state that the legal guarantees of the lawyer's activity depend for their success on several factors: institutional, legal and contextual, which require particular treatment by future research.

查看原文本刊更多论文

对律师在行政法院系统中提供免费二级法律援助活动的法律保障

这项研究的目的是确定在行政诉讼中提供免费二级法律援助方面律师活动的法律保障的内容。借助于一般和特殊的方法和认识，表明律师作为提供免费二次法律援助主体的活动的法律保障具有以下特点：1）保障律师自由、不受阻碍地行使其应享有的权利和适当履行其应承担的义务；2）构成担保内容的一套手段、模式和条件始终是在适当的监管和法律层面制定的；3）在发生与律师获得特殊权利和义务有关的法律事件后开始运作，以及；4）它是更一般的法律范畴“辩护担保”的一个组成部分。作为结论，我们可以指出，律师活动的法律保障取决于几个因素：制度、法律和背景，这些因素需要在未来的研究中得到特殊的处理。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

求助全文

约1分钟内获得全文求助全文

来源期刊

Cuestiones Politicas POLITICAL SCIENCE-

自引率

42.90%

发文量

154